I saw somebody recently say that one of their biggest fears about starting a newsletter is that CAN-SPAM (the US federal anti-spam law) requires that you have an address in the footer and that it has to be legit, else you can (supposedly) get hit with a $50,000 fine. And also (supposedly), a post office box is not good enough.
That’s an interesting take. But not an accurate one. The FTC says: “This can be your current street address, a post office box you’ve registered with the U.S. Postal Service, or a private mailbox you’ve registered with a commercial mail receiving agency established under Postal Service regulations.”
Meaning: it’s fine to use a PO box or to use a PMB, use the address of a virtual office that receives mail, or even use your wife’s bookstore address (ahem). Even if you get it wrong (which you shouldn’t intentionally do), remember that CAN-SPAM doesn’t have a private right of action; who can sue is very limited and enforcement action is rare. When it does happen, it is leveled at actual bad actors doing crazy stuff, sending millions of spams and ignoring opt-outs or using deceptive subject lines. I have yet to see any action aimed at any small newsletter publisher who fibbed their email footer mailing address.
Again, my guidance is that you should comply — and that it’s not really that hard to comply. Get that PO box or PMB if you’re nervous about it. But note that even if you do accidentally fumble it, the chances of a hammer being dropped directly upon you is likely to be very near nil.
(FUD: Fear, uncertainty, and doubt. I decided to share this one because I didn’t like the bad advice somebody else was giving, but I’m avoiding naming names here as my goal is to correct the guidance, not pick a fight.)
I saw somebody recently say that one of their biggest fears about starting a newsletter is that CAN-SPAM (the US federal anti-spam law) requires that you have an address in the footer and that it has to be legit, else you can (supposedly) get hit with a $50,000 fine. And also (supposedly), a post office box is not good enough.
That’s an interesting take. But not an accurate one. The FTC says: “This can be your current street address, a post office box you’ve registered with the U.S. Postal Service, or a private mailbox you’ve registered with a commercial mail receiving agency established under Postal Service regulations.”
Meaning: it’s fine to use a PO box or to use a PMB, use the address of a virtual office that receives mail, or even use your wife’s bookstore address (ahem). Even if you get it wrong (which you shouldn’t intentionally do), remember that CAN-SPAM doesn’t have a private right of action; who can sue is very limited and enforcement action is rare. When it does happen, it is leveled at actual bad actors doing crazy stuff, sending millions of spams and ignoring opt-outs or using deceptive subject lines. I have yet to see any action aimed at any small newsletter publisher who fibbed their email footer mailing address.
Again, my guidance is that you should comply — and that it’s not really that hard to comply. Get that PO box or PMB if you’re nervous about it. But note that even if you do accidentally fumble it, the chances of a hammer being dropped directly upon you is likely to be very near nil.
(FUD: Fear, uncertainty, and doubt. I decided to share this one because I didn’t like the bad advice somebody else was giving, but I’m avoiding naming names here as my goal is to correct the guidance, not pick a fight.)
Comments
Post a Comment
Comments policy: Al is always right. Kidding, mostly. Be polite, please and thank you.