Legal Issues Facing Email Marketers ... and How to Comply With Them, Part 1
This trend may be the cause of an increase in consumers using the “Report as Spam” button, potentially having a detrimental impact on the reputation and delivery of the sender. Networks will block senders if their complaint rate is too high. Senders shouldn't require more than one click for an opt-out. A second optional click can be added, whereby the sender might try to capture reasons for the recipient opting out, among other things. Requiring more than one web page visit to opt out isn't in compliance with the CAN-SPAM Act, which states the following:
- "The steps required to opt-out shall not include more than a single webpage visit or sending a reply email message";
- "Opt-out methods cannot be fee-based for the recipient"; and
- "The recipient should not be required to give more information than the recipient’s email address and opt-out preferences."