What Constitutes a “True” Newsletter?
A “true” newsletter is one in which the sender has obtained the consumers express permission to send emails which contain informational articles. Express consent was obtained when the consumer either entered his or her email address into a registration box which is identified as requesting email newsletters or ticked an unchecked box requesting to receive a newsletter. The sender then provides informational articles in the emails which may also include as a secondary content ads. In such an instance, it is the newsletter who is the “sender” who must be identified in the from line, physical address and unsubscribe. If the sender is simply sending commercial email, then it is not a newsletter and the person or entity whose products and services must be identified in the from line, physical address and unsubscribe.
All emails should provide a link to an internet based unsubscribe mechanism. True Newsletters may provide an unsubscribe option on their sites and not necessarily in the newsletter.
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