The FTC answers questions about CAN SPAM

The FTC posted answers to a number of questions about the CAN SPAM act.

Email is an essential part of most companies’ marketing strategy. If you send commercial email – or have others send it for you – are you complying with the CAN-SPAM Act and the FTC’s CAN-SPAM Rule? FTC attorney Christopher Brown answers some of the CAN-SPAM questions businesses are asking.

Nothing really surprising there, but a good read for folks who want a quick refresher on CAN SPAM and a new perspective from the FTC.

Linking identities to email addresses
Utilizing all of your data

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I get a LOT of spam here. Most of it is marked and trivial to get rid of. Some of it is what I would call semi-legitimate. It’s a real product, but I never asked to receive any information from this company and am not actually part of their demographic. For one time things I just hit delete and move on. Life is too short to complain or opt out of every spam I get. (Tried that, got more mail)
But sometimes if the same sender keeps bothering me, I will send back an email asking them to cease contact. I recently had an occasion where someone sent an initial email trying to sell me bulk SMS, online video and other services. I ignored it because we’re not in the market for any of these services. A week later I get a followup asking why I hadn’t provided feedback to them and if there was a better person to talk to at the company. I looked for a way to opt-out of this message stream, but there wasn’t one. I send a reply telling them we were not interested in speaking to them and to please cease all communication. (“You didn’t receive feedback because I have no interest in talking to you. Please cease all future contact.” Admittedly that was terse, but it was polite.)
My request to cease communication was not well received, nor was it honored. Mind you, they first contacted me trying to sell me services that are totally off what we offer. When I asked them not to contact me, they turned it around that we’d lost business.

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FTC Opt out clarification

In early July, the Magilla Marketing newsletter has an article about how email preference centers may now be illegal due to the clarifications published by the FTC. Trevor Hughes of the ESPC is quoted extensively, lamenting about how marketers cannot legally interfere in the unsubscribe process.

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3 new CAN SPAM cases

Xmission, a Utah ISP, has filed suit against 3 companies alleging violations of CAN SPAM. The cases were filed in the Utah District Court in April and June. I’ve downloaded some of the documents and complaints and they are now in RECAP. I’ve also included the complaints here (and the links from here on out are almost all .pdfs of the court documents).
Xmission v. Adknowledge (Case 2:15-cv-00277).
Xmission v. Clickbooth (Case 2:15-cv-00420).
Xmission v. Thompson and Company (Case 2:15-cv-00385).
In all the cases Xmission is alleging similar violations of CAN SPAM.
Falsified header information: part 1
Xmission asserts that the domains in the headers were spoofed, unregistered or belonged to an unrelated 3rd party. One of the complaints listed subject lines of the emails sent, so I dug through my spam folder for similar emails. I found a few examples of what I suspect are the spams mentioned in the suit.

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