QUESTION
This is probably a strange question, but it came up in our review of the opt out procedures involving our CAN-SPAM policy. We would like to charge a fee when somebody does an opt out. We want certain requirements in place that a customer has to take, step by step, in order to opt out. So, can a customer be required to pay a fee? Can we require the customer to provide certain information or take some other steps in order to opt out? And what should we do once a customer makes a request to opt out?
ANSWER
The question is not as strange as you think! We actually come across this question sometimes when conducting website and marketing reviews.
To put it succinctly, a sender or any person acting on behalf of a sender may not require that any recipient, in order to exercise an “opt out” request pursuant to the Controlling the Assault of Non-Solicited Pornography and Marketing Act, known as CAN-SPAM, or have the request honored, (1) pay any fee, (2) provide any information other than the recipient’s electronic mail address and “opt out” preferences, or (3) take any other steps except sending a reply electronic message or visiting a single website page. [16 CFR § 316.5]
Once a recipient makes a request using the applicable “opt out” mechanism not to receive some or any commercial electronic mail messages from a sender, the sender may not initiate transmission to the recipient of a commercial electronic mail message covered by the request more than ten business days after receipt of the “opt out” request. [15 USC § 7704(a)(4)(i)]
Jonathan Foxx
Managing Director
Lenders Compliance Group
