Does CAN SPAM require multiple opt-outs on emails?

Discussion in 'Mail Chat' started by roundabout, Jan 21, 2013.

  1. roundabout

    roundabout VIP

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    Does CAN SPAM require multiple opt-outs on emails?

    The FTC’s most recent rulemaking says specifically that this sort of multiple opt-out is confusing for the consumer and the only company that needs to provide an opt out is the designated “sender” where “sender” is the entity in the from: line.

    In my experience there are only two groups who want the multiple opt-out links in emails.

    1) Folks who are new at this and don’t really understand the law and don’t do a lot of email marketing. They may have seen something, somewhere about opt-outs being required and are confused about their liabilities.

    2) Groups who have been doing this a long time and who do a lot of email marketing. There are a couple reasons they do this. Sometimes they are actively trying to confuse recipients to lower the chance a recipient will successfully opt out. Sometimes they are building massive suppression lists so that they can use addresses acquired through non-permission based means (harvesting, purchasing, co-reg, whatever) more successfully. And, sometimes, they’re attempting to harvest your subscribers by taking the opt-outs from you.

    For me the third party claiming that they have to put in an opt-out for them in your email is a pretty big red flag. To the extent that I would strongly reconsider moving forward advertising for them.

    From a delivery standpoint, I always worry about links that go places my clients don’t control. If their unsub link goes to their domain, and they use the same domain in all their mailings, then you have no control over delivery. Your mail will share the reputation of every other bit of mail with their link in it. If some of their other partners have poor reputations, then that’s going to affect your inbox delivery for this send. It’s very unlikely this is going to cause long term delivery problems, but it may very well cause short term ones.

    Also, if they are not providing you with a list of addresses that have opted out from their mailings in the past so that you can stop mailing to them, then you should wonder what they’re going to do with the opt-outs they’re going to collect from your subscribers.

    As always, I’m not a lawyer, but this doesn’t fit with my understanding of CAN SPAM.

    Source:
    http://blog.wordtothewise.com/
     
  2. ikhkhorig

    ikhkhorig VIP

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    Good info.
     
  3. sodaddy

    sodaddy New Member

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    Interesting... Thanks Roundabout!
     
  4. mrlucky123

    mrlucky123 Member

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    To me, I always use my opt-out instead of their link no matter what for two reasons:

    - It helps me optimize my list and remove those who don't want to receive my mail.
    - Like the author already stated, if their domain has poor reputation, it also affects my inbox rate as well.
     
  5. postmaster

    postmaster VIP

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    This thread seemed a bit confusing and false to me. So it actually got me to reread portions of the Can Spam Act of 2003, and also portions of the Can Spam UPDATE from 2008.

    My interpretation of this is...

    If you are sending a single offer in an email, then both the advertiser and the sender must provide opt-out and address information to comply with the law. This is because, more than likely, the advertiser has supplied you (the sender) the from, subject, and body content to use in the transmission of the emails, and so they share responsibility of the email even though they are not clicking send. Added to this is the fact they are paying based on the email's performance.

    HOWEVER, if you are sending emails with MULTIPLE ADVERTISERS, then one advertiser can be the designated sender... which properly would be the true sender of the emails. (ie. you, or your company that clicks send) At this point, the focus is put on the FROM line. An example: A bizop newsletter may have ads for ad networks, hosting companies, and miscellaneous clickbank offers amongst their content, but its pretty obvious who the sender is.

    Do you disagree with my interpretation? Let me know why.
     

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