Vendors in the Interactive Marketing Space React Positively to New FTC CAN–SPAM Rules

Vendors from the interactive marketing space are reacting positively to the news from earlier this week that the Federal Trade Commission has approved four new rule provisions under the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (CAN-SPAM).

According to the FTC, the provisions–which are intended to clarify the Act’s requirements–address four topics:

Vendors from the interactive marketing space are reacting positively to the news from earlier this week that the Federal Trade Commission has approved four new rule provisions under the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (CAN-SPAM).

According to the FTC, the provisions–which are intended to clarify the Act’s requirements–address four topics:

(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;

(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;

(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”; and

4) a definition of the term “person” was added to clarify that CAN-SPAM’s obligations are not limited to natural persons.

Quinn Jalli, Chief Privacy Officer for online marketing firm Datran Media said he believes that legitimate marketers will embrace the new regulations, as they significantly reduce the complexity of complying with the law in a joint-marketing scenario.

“The FTC’s position is well in line with the prevailing philosophy in the industry, and the new regulations align the law with common-sense expectations,” he said. “[The new regulations] are a win for marketers and consumers alike.”

In a press release, Matt Wise, CEO of Q Interactive, an interactive marketing services provider, also announced support for the FTC’s revised definition of e-mail “sender”.

“Since CAN-SPAM’s inception, there has been pervasive confusion in the marketplace over responsibility for including opt-out links in e-mail, which has led to inconsistent execution of the unsubscribe process, increased risk of unsubscribe list abuse, additional and unnecessary costs for advertisers, and an overall reduction in the efficiency of the medium,” Wise said in the release.

Q Interactive said that under the revised ruling, companies advertising with e-mail can now designate a single e-mail “sender” responsible for adhering to the rules of CAN-SPAM, which include having the “sender’s name in the e-mail “from line” and providing a working opt-out link and physical address.

The FTC’s revised “sender” definition, Wise said “eliminates the confusion and frustration over multiple opt-out links for consumers and makes it as easy as possible for them to unsubscribe from unwanted e-mails, which, in essence, is the primary purpose of the CAN-SPAM Act.”