FTC responds to requests for comments on what needs to be done to enhance the CAN-SPAN act of 2003. There were over 30,000 responses that were sorted through, prioritized and evaluated. The results of what the FTC came up with enhance the nature of consumer protection and education.
Here are the items that have been changed (numbered items are taken from the FTC news release):
Four topics are addressed in the new rule provisions:
(1) An e-mail recipient cannot be required to pay a fee, provide information other than his or her e-mail address and opt-out preferences, or take any steps other than sending a reply e-mail message or visiting a single Internet Web page to opt out of receiving future e-mail from a sender.
According to this statement, all a person needs to do going forward is to send a reply to the spam message to be removed from the mailing list.
(2) The definition of “sender” was modified to make it easier to determine which of multiple parties advertising in a single e-mail message is responsible for complying with the act’s opt-out requirements.
A prime example is that of a credit card company that includes offers from stores and movie rental companies. The sender is the initiating source for the specific email message.
(3) A “sender” of commercial e-mail can include an accurately-registered post office box or private mailbox established under U.S. Postal Service regulations to satisfy the act’s requirement that a commercial e-mail display a “valid physical postal address.”
The previous definition indicated that a business address had to be included with the email in order to identify a location of the entity sending the spam, this has been changed to allow for a USPS identified postal address. The address can now be a post office box or private residence.
(4) a definition of the term “person” was added to clarify that CAN-SPAM’s obligations are not limited to natural persons.
This can be translated to an entity that is in the business of sending marketing material identified as spam.
Summary:
Reply to a spam email to be removed from a mailing list. There can not be a ghost sender for spam that is for a variety of offers, someone has to take responsibility. The sender can identify a valid USPS mailing address other than a just a specific business address and that a business can be identified rather than a specific person.
Darrell Mishler
M & D Creative Concepts LLC
Web Design Services