Questions & Answers

What if the Email has Several Advertised Products/Services from Different Businesses?

What if the Email has Several Advertised Products/Services from Different Businesses? If an email advertises goods, services, or websites of more than one business, the law allows the advertisers (whose goods, services, or websites are advertised or promoted in the email) to designate one of the...

What if the Email Includes Information from More than One Company? Who is the “Sender” Responsible for CAN-SPAM Compliance?

What if the Email Includes Information from More than One Company? Who is the “Sender” Responsible for CAN-SPAM Compliance? If an email advertises or promotes the goods, services, or websites of more than one marketer, there’s a straightforward method for determining who’s responsible for the...

What if the Message Combines a Commercial Message with “Other” Content?

What if the Message Combines a Commercial Message with “Other” Content? If a recipient reasonably interpreting the subject line would likely conclude that the message advertises or promotes a product or service; and a recipient reasonably interpreting the body of the message would likely conclude...

What if the Message Combines Commercial and Transactional or Relationship Content?

What if the Message Combines Commercial and Transactional or Relationship Content? It’s common for emails sent by businesses to mix commercial and transactional/relationship content. When an email contains both kinds of content, the “primary purpose” of the message is the deciding factor. If a...

What if the Message Combines Commercial and Transactional or Relationship Content?

What is Allowed in the “From” Line in a Commercial Email?

What is Allowed in the “From” Line in a Commercial Email? The from line must contained the name of the person or entity whose products and services are being advertised in the email; or the domain name of the person or entity whose products and services are being advertised in the email and such...

What is Confirmed Opt-In Data?

What is Confirmed Opt-In Data? A “confirmed (closed loop) opt-in” means that following an opt-in request, a confirmation email is subsequently sent to the person notifying him/her that some action is necessary before their email address will be added to the list which will be transferred to a third...

What is Opt-In Data according to the CAN-SPAM Act?

What is Opt-In Data according to the CAN-SPAM Act? Opt-in data means that at the point of the email address collection, a person has affirmatively requested to be included on an email list to receive commercial email – they checked a box or there is language at or near the submit button in which...

What is the "Designated Sender Option," in the CAN-SPAM Act?

What is the "Designated Sender Option," in the CAN-SPAM Act? Designated sender option (16 C.F.R. §316.2(m)) This new Rule provides a framework whereby multiple advertisers that appear in the same commercial email message, each of which normally would satisfy the Act’s definition of “sender,” may...

What is the "Valid Postal Address" in the CAN-SPAM Act?

What is the "Valid Postal Address" in the CAN-SPAM Act? Valid postal address satisfied by accurately-registered P.O. or private mailbox (16 C.F.R. §316.2(p)) The new Rule allows businesses to publish a sender’s P.O. Box or private mailbox in a commercial email message to comply with the valid...

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