The following modifications have been made:

In a multiple-advertiser email, a single advertiser can assume the role of sole “CAN-SPAM sender.” The Final Rule issued by the Federal Trade Commission establishes that, when there are multiple advertisers in single email, a single advertiser can assume the role of sole CAN-SPAM sender if (a) the advertiser meets the requirements of “sender,” as defined under the CAN-SPAM act of 2003, (b) is the only advertiser identified in the “from” line, and (c) complies with all of the other original sender requirements imposed by the Act, including the requirements surrounding a “valid physical postal address.”

Senders must provide recipients with an easy, unburdened way to unsubscribe from a commercial email. Specifically, the Federal Trade Commission requires advertisers to allow consumers to opt out of subsequent commercial email messages from that advertiser without requiring payment, information beyond the consumer’s email address, “or any other obligation as a condition for accepting or honoring a recipient’s opt-out request,” including requiring a consumer to visit more than a single Internet Web page.
“Person” will be defined, for purposes of CAN-SPAM, as an individual, group, unincorporated association, limited or general partnership, corporation, or other business entity.

A “valid physical postal address” has been defined as “the sender’s current street address, a Post Office box the sender has accurately registered with the United States Postal Service, or a private mailbox the sender has accurately registered with a commercial mail receiving agency that is established pursuant to United States Postal Service regulations.”

It is important to note that the FTC did not modify the time in which a sender had to honor an opt-out request. Senders still have ten business days to honor such a request. The FTC agreed with the industry input that there is little evidence to suggest that the ten-day opt-out window was being used as an opportunity to bombard consumers with email.

Marketers need to be careful when applying the new regulations to everyday marketing practices and should consult with their own console.

Reference: www.outperformance-marketing.com, www.mondaq.com, imhe.blogspot.com

10 things every marketer should know about CAN-SPAM:

1. CAN-SPAM applies only to commercial email.

2. CAN-SPAM can apply to email sent out by your affiliates on your behalf.

3. CAN-SPAM will not apply to email sent out by your affiliates on your behalf unless you know or should know, that the email is being sent in violation of CAN-SPAM and you stand to gain from it financially and you do not try to stop it.

4. CAN-SPAM applies to email for which the primary purpose is to feature your goods, services or content, even if you do not send the email yourself.

5. CAN-SPAM does not apply to third-party advertisers who advertise in your mailing.

6. CAN-SPAM does not require that you use confirmed opt-in for your mailings, however, it is one of the best defenses against accusation of a violation.

7. CAN_SPAM does not require ISPs to accept email which is CAN-SPAM compliant. ISPs are specifically exempt from claims that they must accept email if it complies with CAN-SPAM.

8. CAN-SPAM requires that all information in your email headers and body be true, accurate and not misleading.

9. CAN-SPAM requires you to honor those opt-out requests and to immediately cease sharing the user’s address even with previously agreed-to partners.

10. CAN-SPAM requires you to provide a fully-functioning means of return Internet based communication for the purpose of the recipient opting-out of your mailing. You have 10 day to complete the opt-out request.

References: www.ftc.gov/spam, www.ftc.gov, www.wikipedia.org