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Examples

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    1. Examples Compliance Issues

    3. E-mail # 1 Company wants to e-mail everyone in its database (customers and former customers) a survey to determine interest in potential new product line Does this e-mail have to comply with CAN-SPAM?

    4. E-mail # 1 Company wants to e-mail everyone in its database (customers and former customers) a survey to determine interest in potential new product line Probably The determination of interest in the new product line could be considered a “promotion of a commercial product”

    5. E-mail # 2 Company wishes to start an e-mail newsletter, and will not include any promotion of its products or services – only information relating to its customer’s interests Does this e-mail have to abide by CAN-SPAM?

    6. E-mail # 2 Company wishes to start an e-mail newsletter, and will not include any promotion of its products or services – only information relating to its customer’s interests Likely not But to be sure, it is advisable to follow CAN-SPAM Intentions change, and the content might at some future point include promotional language

    7. E-Mail # 3 Company wishes to e-mail prospective customers to detect their interest in future CAN-SPAM compliant promotional e-mail Does this e-mail need to comply with CAN-SPAM?

    8. E-Mail # 3 Company wishes to e-mail prospective customers to detect their interest in future CAN-SPAM compliant promotional e-mail Likely. Check the master opt-out list to assure all opt-out addresses are omitted, construct e-mail with all CAN-SPAM requirements

    9. E-mail # 4 Company wishes to e-mail its customers a new product offering Does this e-mail need to comply with CAN-SPAM?

    10. E-mail # 4 Company wishes to e-mail its customers a new product offering Yes There is no exception for existing business relationships

    11. E-mail # 5 Company wants to send an advertisement for a new service that might offend some people, however it does not want recipients to delete the e-mail just based on the subject line What should the company be aware of?

    12. E-mail # 5 Company wants to send an advertisement for a new service that might offend some people, however it does not want recipients to delete the e-mail just based on the subject line CAN-SPAM prohibits deceptive subject lines Starting May 19th 2004, spam that contains sexually oriented material must include the warning “SEXUALLY-EXPLICIT: ” in the subject line or face fines for violations of federal law.

    13. E-mail # 6 Company wishes to use a viral marketing technique to market its products and services Do e-mails with a “forward to friends” feature have to comply with CAN-SPAM?

    14. E-mail # 6 Company wishes to use a viral marketing technique to market its products and services The initial e-mail should fully comply with CAN-SPAM. Depending on the technology used in forwarding, Company may or may not have to manage opt-out requests – consider who is the “Sender” Consider the impact of providing incentives

    15. E-mail # 7 Company wants to e-mail potential customers with an advertisement for its new product line How should the company construct the e-mail?

    16. E-mail # 7 Company wants to e-mail potential customers with an advertisement for its new product line The opt-out mechanism can either be menu-based or a single opt-out of all future communications The company should consider providing the recipient the additional option to opt-out of future communications relating to this product line

    17. E-mail # 8 Company wishes to outsource a new marketing campaign. The marketing agency will create the e-mails, purchase e-mail address lists, and send the e-mails. Does CAN-SPAM apply? What should Company do?

    18. E-mail # 8 Company wishes to outsource a new marketing campaign. The marketing agency will create the e-mails, purchase e-mail address lists, and send the e-mails. Yes. Company is also a sender and should require marketing agency to fully comply with CAN-SPAM. Company needs to closely control content and mechanics relating to: Business/division breakdowns Opt-out request management Initial e-mail compliance with prior opt-out requests

    19. Organizations Company A is a subsidiary of Parent, which has many other Subsidiaries. Parent has substantial name recognition, while Company A does not. Company A wishes to implement an e-mail marketing campaign. What aspects of CAN-SPAM should Company A and Parent consider?

    20. Organizations Company A is a subsidiary of Parent, which has many other Subsidiaries. Parent has substantial name recognition, while Company A does not. Company A wishes to implement an e-mail marketing campaign. Despite the advantages of playing off Parent’s name, separation along lines of business and/or divisions of a company is advisable. Send e-mails as Company A and focus the content on the business of Company A. Parent and other divisions or lines of businesses may not be affected by an opt-out request If Company A is the “sender,” Parent and subsidiaries are more insulated from violations of CAN-SPAM

    21. Organizations Association has a membership it wishes to expand, and wants to initiate an e-mail campaign to gain new members to boost its coffers Is Association exempt from CAN-SPAM?

    22. Organizations Association has a membership it wishes to expand, and wants to initiate an e-mail campaign to gain new members to boost its coffers No – there is not an exemption for Associations. But there are questions as to whether this could be considered a Transactional or Relationship Message (unlikely) or is a Commercial Electronic Message at all (commercial advertisement of a commercial product or service).

    23. Organizations Not-For Profit Organization is going to raise funds using an e-mail campaign directed to business leaders and high-wealth individuals in its local community Is Not-For-Profit Organization required to abide by CAN-SPAM?

    24. Organizations Not-For Profit Organization is going to raise funds using an e-mail campaign directed to business leaders and high-wealth individuals in its local community There are no exemptions from CAN-SPAM for not-for-profits. There is a question whether this is a “Commercial Electronic Message.” Arguments for and against, consider charitable purpose and whether that is commercial. FTC clarifications or litigation may provide clarity.

    25. The Perfect Plan 100% CAN-SPAM compliant e-mails Computer Systems and organization is set up to handle opt-out requests E-mails are crafted to avoid ISP, software spam criteria Business lines and divisions as separators Employees are fully educated on compliance Advisory team to guide you through it all…

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