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What if the email includes information from more than one company? Who is the “sender” responsible for CAN-SPAM compliance?


If an email advertises or promotes the goods, services, or websites of more than one marketer, there’s a straightforward method for determining who’s responsible for the duties the CAN-SPAM Act imposes on “senders” of commercial email. Marketers whose goods, services, or websites are advertised or promoted in a message can designate one of the marketers as the “sender” for purposes of CAN-SPAM compliance as long as the designated sender:
  • meets the CAN-SPAM Act’s definition of “sender,” meaning that they initiate a commercial message • advertising or promoting their own goods, services, or website;
  • is specifically identified in the “from” line of the message; and
  • complies with the “initiator” provisions of the Act – for example, making sure the email does • not contain deceptive transmission information or a deceptive subject heading, and ensuring that the email includes a valid postal address, a working opt-out link, and proper identification of the message’s commercial or sexually explicit nature.

If the designated sender doesn’t comply with the responsibilities the law gives to initiators, all marketers in the message may be held liable as senders.



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