Ken Magill recently interviewed Trevor Hughes of the Email Sender and Provider Coalition on the sticking points of the FTC’s latest clarification of CAN-SPAM. The U.S. law has become increasingly complex for direct marketers, especially when referring to messages that contain multiple advertisers. As the legal hurdles increase for mailers, it’s important to know if what you are sending remains compliant.

For instance, any pitch made for customer retention must be included on the same single page as the opt-out link. The previously common practice of placing webpages- be they log in pages or simply other content or qualifiers before opt-out pages and asking consumers for preferences are no longer acceptable. A consumer’s email address is the only information the mailer is legally allowed to ask for when opting a consumer out.

Previously, messages with multiple advertisers were required to each engage in the mangement of suppression files in order to be compliant. In an effort to simplify this issue, the FTC ruled that multiple advertisers in a single message now can identify one “designated sender”. The sender must be identified in the from line and take full responsibility for opt-out process. In addition, to fulfill the definition of “sender”, the sender must also be advertising somewhere in the message. The guidelines are somewhat sparse in this regard, not defining what type of content might make the sender also an advertiser in the message i.e. wrap? banner ad? other copy? or a specific offer.

In Magill’s interview, Hughes said, “While the CAN-SPAM rules are relatively clear, they can become incredibly complicated depending on the context in which you’re doing your marketing. As a result, you’ve got to have somebody who knows what he’s talking about look at your stuff.”

Obtaining in-house counsel or reliable legal guidance in sending out a compliant mail campaign is always advised by LashBack. In other words, “have somebody who knows what he’s talking about look at your stuff.”

To read Ken Magill’s full interview, click the link below:

DM News: Navigating the New CAN-SPAM Act by Ken Magill.