CAN-SPAM regulations apply to nonprofits, too

The Hawai‘i Employers Council last month advised members that the Federal Trade Commission recently published rules that clarify the CAN-SPAM Act, as the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 is known.  According to Pepper Hamilton LLP, nonprofits should note that the FTC rejected excluding unincorporated nonprofit associations from coverage of the regulations.

CAN-SPAM imposed requirements on the use of commercial email messages, and gave civil and criminal enforcement authorities tools to combat commercial email that is unwanted by the recipient and/or deceptive, including allowing state attorneys general to enforce its civil provisions, and creating a private right of action for providers of Internet access service.

The FTC says “when nonprofit organizations send emails the primary purpose of which is the advertisement or promotion of a commercial product or service, recipients are entitled to the Act's protections.”  These include: (1) clear and conspicuous identification that the message is an advertisement or solicitation; (2) clear and conspicuous notice of the opportunity to decline to receive further commercial email messages from the sender; and (3) a valid physical postal address of the sender.