Opting-Out: Do You Comply?
Tuesday, April 28th, 2009 
Photograph by Yogma(cc)
One last quick look. The coupon dates are correct. The word hypnotist is spelled correctly. The numbers in my phone number are in order. My physical address is listed. The advertising notice is at the bottom of the message. All my collected client email addresses are in the blind, carbon copy section of the email and I click send. Out across cyber space my words, thoughts, and specials are on their way to hundreds of customers. For this moment I feel satisfied. One more thing to check-off as done on my marketing to-do list.
Of course the next thing that will occur is that I will swig another sip of Tarajulie tea and wait. Yes, there it is:
“Vous avez le courrier.”
I have mail. And there they are – the several wrong address, cannot find, have been blocked email reports. I begin to update my contact list. What will soon follow are the various people who will “opt-out” of my emails. At first, it used to depress me, each ping back to my email box was a stab of personal rejection. But, now days (unless the responses are really nasty), I accept the rejections without much thought. I respect people’s desire to cut back on what they consider spam. After all, I want the same respect (I really do not need car sale email everyday from a company in Nebraska, which is quite far away).
Personally, though, I used to rarely take the opt-out for most spam because I feared that it would just create more spam, showing the spammers that I was a live one. Then I opened my own business and decided use email advertising. It has been a sometimes painful learning experience, but a good lesson overall.
Enter The CAN-SPAM Act. This states what a commercial marketer can and cannot do legally in regards to email marketing (and the penalties of disregarding it are rather fearsome). I share this with you for two reasons. One, if you are running a small business in the US, you need to know about this and comply (if you want to appear legit). Two, if you are a consumer, here is how to tell if companies comply with The CAN-SPAM Act and therefore you are safe to “opt-out.” This is straight from the Federal Trade Commission’s web site:
- It bans false or misleading header information. Your email’s “From,” “To,” and routing information – including the originating domain name and email address – must be accurate and identify the person who initiated the email.
- It prohibits deceptive subject lines. The subject line cannot mislead the recipient about the contents or subject matter of the message.
- It requires that your email give recipients an opt-out method. You must provide a return email address or another Internet-based response mechanism that allows a recipient to ask you not to send future email messages to that email address, and you must honor the requests. You may create a “menu” of choices to allow a recipient to opt out of certain types of messages, but you must include the option to end any commercial messages from the sender.
- Any opt-out mechanism you offer must be able to process opt-out requests for at least 30 days after you send your commercial email. When you receive an opt-out request, the law gives you 10 business days to stop sending email to the requestor’s email address. You cannot help another entity send email to that address, or have another entity send email on your behalf to that address. Finally, it’s illegal for you to sell or transfer the email addresses of people who choose not to receive your email, even in the form of a mailing list, unless you transfer the addresses so another entity can comply with the law.
- It requires that commercial email be identified as an advertisement and include the sender’s valid physical postal address. Your message must contain clear and conspicuous notice that the message is an advertisement or solicitation and that the recipient can opt out of receiving more commercial email from you. It also must include your valid physical postal address.
Many thanks to HypnoMedia for reminding me about the relevance of this. He recently sent me a wonderful link to The World Privacy Forum’s Top Ten Opt Outs to help cut out annoying marketing material from one’s life.













