What is the "Designated Sender Option," in the CAN-SPAM Act?

What is the "Designated Sender Option," in the CAN-SPAM Act?

Designated sender option (16 C.F.R. §316.2(m))
 
This new Rule provides a framework whereby multiple advertisers that appear in the same commercial email message, each of which normally would satisfy the Act’s definition of “sender,” may designate a single sender among them as the sole sender of the message. To benefit from this rule of simplification, justifying a single opt-out link and single valid physical postal address to be displayed in a multi-advertiser email, the advertisers must designate only one such advertiser to be referenced in the from line of the email. The sole sender appearing in the from line becomes the designated sender of the email, and is responsible on behalf of all such advertisers for complying with key provisions of the Act, including seven specific responsibilities:

  • The message cannot contain false or misleading transmission information;

  • The message cannot contain a deceptive subject heading;

  • The message shall clearly and conspicuously include a functioning return email address or other internet-based mechanism, that a recipient may use to opt-out from future commercial messages of that sole sender appearing in the “from” line;

  • The message shall provide clear and conspicuous identification of the message as an advertisement or solicitation;

  • The message shall contain a clear and conspicuous notice of the opportunity to opt out and it must be simple;

  • A valid physical postal address; and

  • The message must comply with the SEXUALLY EXPLICIT labeling rule, if applicable.

 

  • Sender

    • Principally, the advertiser whose product, service or Internet Web site is advertised in the message.

    • May or may not be the same as the initiator

    • Each distinct line of business within a company can be considered a unique “sender” of commercial email

 

  • Initiator

    • The term “initiate” means to originate or transmit an electronic message or to procure the origination or transmission of such message.  More than one person may be considered to have initiated the message.

    • Often a list owner, publisher, or email delivery service bureau

 
NOTE:     A PUBLISHER OR NETWORK IS NOT A SENDER AND CANNOT APPEAR IN THE FROM LINE.
 

  • Remember: the entity listed in the “from” line must satisfy the definition of “sender,” meaning that its own product, service or internet website is advertised or promoted by the email message.

  • The Commission proposes a “reasonable consumer” perception test to determine whether an ad or product promotion appears in an email message so as to satisfy this Rule, but indicates that the meaning of “advertised and promoted” is clear and broadly understood.

  • It further suggests that mere inclusion of a reference to a business name or a link to the website of a business in the message does not, by itself, mean that the reference is an advertisement or promotion.

 

Stay Ahead of the Curve! Explore our comprehensive CLIClaw Email Marketing Compliance Library for in-depth resources and insights.

 

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