Did You Hear About the FTC Updates to CAN-SPAM?

The US based Federal trade Commission ("FTC") has approved four new rules under the CAN-SPAM Act. The original CAN-SPAM Act of 2003 is the defining federal legislation on commercial email practices originally put into law on January 1st 2004.  The provisions are intended to clarify the Act's requirements.

These new rules have significant relevance to your business trying to create sustainable and profitable market entry and operational sales and marketing in North America.  The new rule provisions address four topics:

1. An American 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 United States Postal Service regulations to satisfy the Act's requirement that a commercial e-mail display a "valid physical postal address"
    
4. A definition of the term "person" was added to clarify that CAN-SPAM's obligations are not limited to natural persons.

Provision number 3 is particularly important to foreign owned businesses who want to use email marketing in your promotional mix. It now makes it easier for you to establish a US mailing presence and include it on the marketing communication messages.

Yes, as a foreign business you can be held liable for your email practices in the United States.  In fact, the FTC is settling up an International Investigation of SPAM practices as of July 2008.