CAN-SPAM 2008 changes: New opt-out requirements

This blog posting is intended to revisit and clarify the CAN-SPAM 2008 changes that may affect the way you manage your email marketing campaigns and out-outs.  As a result of the 2008 changes, there are certain new requirements that must be followed regarding opt-outs.

New opt-out / unsubscribe requirements

If you advertise for a web service that requires payment to get into your site, per the 2008 CAN-SPAM requirements, you are not permitted to place the opt-out page behind the paid subscription site.  In other words, it must not cost the user any money to unsubscribe.  Secondarily, the opt-out page must not be placed behind a login and password system whether the login is free or not.  All users must be able to opt-out without signing in to a system.  Again, this means that an opt-out link in an email must lead directly to an opt-out removal form.  

Modify your preferences

Some companies place into their emails, “please login to modify your preferences to change subscribe and unsubscribe settings”.  With the CAN-SPAM 2008 requirements, such a system is not permitted for unsubscribes.  While the user may continue to subscribe to your newsletters and emails via this method, using a login preference method is not permitted for unsubscribes under the new CAN-SPAM 2008 provisions.

No complicated pages or persuasive advertising

The opt-out link must lead to a single landing page and not to a complicated set of navigation pages or require additional links to get to the final opt-out page.  The opt-out landing page must not contain any persuasive text to keep the user opted-in.  So, you are not permitted to try to persuade the user to stay opt-in through any advertising means on the opt-out page.

Simple email address entry only

All unsubscribe / opt-out mechanisms must require only the user enter their email address for removal.  No additional information may be requested or required on this opt-out form for removal.

Modifying your campaigns

If you are still using a login preference system or do not adhere to any of the above requirements, please contact Professional Services at 1-800-769-4000.  We will be happy to discuss using Boomerang’s system to help you comply with these new requirements.

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