CAN-SPAM - PowerPoint Presentation

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CAN-SPAM

Tamera DavisMark KremkowClackamas Community CollegeJuly 31 2015General Interest - Colleague

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Session Rules of etiquette

Please turn off you cell phone/pager

If you must leave the session early, please do so as discreetly as possiblePlease avoid side conversation during the sessionThank you for your cooperation!

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Introduction

This presentation will walk you through our work to comply with the federal CAN-SPAM act.

We will introduce you to the CAN-SPAM act of 2003, and why you should still care about it 12 years later.How to use this law to spark a larger discussion on your campus about electronic communication with your students.Implement a process in Colleague to build and maintain an e-mail opt-out list.

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Session Agenda

CAN-SPAM 101

How this applies to your institutionEffects on your communication policySetting up an opt-out process in Colleague

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CAN-SPAM 101

Introduction to, and specifics of, the CAN-SPAM Act.Coeur d’Alene, IdahoSlide6
1. CAN-SPAM 101

What is CAN-SPAM?

CAN-SPAM: Controlling the Assault of Non-S

olicited

P

ornography

A

nd

M

arketing Act of 2003

The

CAN-SPAM Act establishes requirements for commercial messages, gives recipients the right to have you stop emailing them, and spells out tough penalties for violations

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Effective January 1,

2004

Federal law under FTC enforcement

Pre-empts state spam laws

National regulation of commercial email

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1. CAN-SPAM 101

Main points: Proper e-mail identification

Don’t use false or misleading header information. Your “From,” “To,” “Reply-To,” and routing information – including the originating domain name and email address – must be accurate and identify the person or business who initiated the message.Don’t use deceptive subject lines.

The

subject line must accurately reflect the content of the message

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Identify the message as an ad

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The law gives you a lot of leeway in how to do this, but you must disclose clearly and conspicuously that your message is an advertisement.

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1. CAN-SPAM 101

Main points:

Required informationTell recipients where you’re located. Must include your valid physical postal address.1Tell recipients how to opt out of receiving future email from you.

Your

message must include a clear and conspicuous explanation of how the recipient can opt out of getting email from you in the

future.

2

Honor opt-out requests promptly

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Opt-out mechanism must process requests for at least 30 days after message was sent

Must honor request within 10 days.

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1. CAN-SPAM 101

Main points:

ResponsibilityMonitor what others are doing on your behalf. The law makes clear that even if you hire another company to handle your email marketing, you can’t contract away your legal responsibility to comply with the law. Both the company whose product is promoted in the message and the company that actually sends the message may be held legally responsible.

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1. CAN-SPAM 101

How do I know if the CAN-SPAM Act covers email my business is sending

?What matters is the “primary purpose” of the message. To determine the primary purpose, remember that an email can contain three different types of information:Commercial content – which advertises or promotes a commercial product or serviceTransactional or relationship content – which facilitates an already agreed-upon transaction or updates a customer about an ongoing transaction; andOther content – which is neither commercial nor transactional or relationship

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What matters is the “primary purpose” of the email.

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1. CAN-SPAM 101

How do I know if what I’m sending is a transactional or relationship message?

The primary purpose of an email is transactional or relationship if it consists only of content that:facilitates or confirms a commercial transaction that the recipient already has agreed to;gives warranty, recall, safety, or security information about a product or service;gives information about a change in terms or features or account balance information regarding a membership, subscription, account, loan or other ongoing commercial relationship;provides information about an employment relationship or employee benefits; or

delivers goods or services as part of a transaction that the recipient already has agreed to

.

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1. CAN-SPAM 101

What about email with mixed content?

“The average consumer would reasonably conclude”If the email looks commercial, our intentions don’t matter!A recipient reasonably interpreting the subject line of the email would likely conclude that the message contains commercial content, or

The email’s “transactional or relationship” content does not appear in whole or substantial part at the

beginning of the body of the message

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How this applies to your institution

Wait, we’re a non-profit institution!Coeur d’Alene, IdahoSlide14
2. Applications

CAN-SPAM

protects all recipients – consumers, students, businesses and organizations.Applies to mass email campaigns and individual emails.It doesn’t matter what email address the communication is being sent to.You can still “spam” institution provided email addresses.While colleges/universities may not be commercial under tax law; we can still send commercial email.

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2. Applications

Commercial email without an education specific purpose:

Promotion of sporting or theatrical eventsPromotion of institution products (Credit cards, branded clothing, etc)Alumni newsletters promoting products or servicesExempt commercial emails with a education specific purpose:Charitable donation requestsProspective student recruitmentConference information

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2. Applications

Although the CAN-SPAM legislation does not apply specifically to non-profits, colleges or universities:

We should adhere to well-defined email standards and practices.This not only protects our institutions, but can be a useful springboard for designing, implementing or modifying a campus-wide communication policy.

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3. Effects on your Communication policy

Wait, communication policy?!Coeur d’Alene, IdahoSlide18
3. Effects

First question: Do you have a communication policy to effect?

In our case, the answer is: no.Compliance with CAN-SPAM is driving the discussion around bringing order to our email communication.We have multiple departments and individuals sending email from a vast variety of tools, with no oversite or policy in place.We’ve never had a central mail office or department that was responsible for campus communication.

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3. Effects

Complying with CAN-SPAM means that there has to be a campus-wide process in

place to handle opt-out requests. The developed process means nothing without a policy driving its usage.Just because no non-profit has ever been fined under CAN-SPAM, doesn’t change that there is the potential for a $16,000 fine per email.This is a great motivator for getting administration and faculty buy-in!Plus there are pay-offs to having a strong communication policy, outside of CAN-SPAM.

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3. Effects

For a communication process to be effective, we first had to focus on the following areas:

Identifying the current source of institution email:What departments are sending email? What is the content of those messages? How are the messages being sent?

With our chosen method of sending email through Colleague:

Do the folks identified above have the training to follow a CAN-SPAM process?

Are there email lists being maintained outside of Colleague entirely, and how are those brought back into the system?

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3. Effects

For a communication process to be effective, we first had to focus on the following areas:

Colleague in generalIs Colleague able to maintain and apply an opt-out list?How do our email producers functionally use that list?Name and address hierarchies within ColleagueOnce the rule is developed, which hierarchies is it attached to?

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4.

Setting up an opt-out process in Colleague

Consider using the section header slide as you transition from one topic/agenda item to the next.Coeur d’Alene, IdahoSlide23

4. Setup

Because we would like everyone on campus to use Raiser’s Edge or Colleague’s communications management, we decided that using the Name & Address Hierarchy was the most inclusive on the Colleague side.We do have someone that is working on the Raiser’s Edge piece

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4. Setup

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Write a rule in RLDE - I called mine - Email Opt Out

Connector – EVERY

Left-hand Expression – MAIL.RULES

Relation – NE

Right-hand Expression – “NE”Slide25

4. Setup

Coeur d’Alene, IdahoBecause we are writing this for email only, we can leave out all the fields that don’t pertain to the emails.

We only are using the CANSPAM rule for secondary or personal emails right now.

This can be attached to the PREFERRED name & address hierarchy easily.Slide26

4. Setup

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In NAE, in the Mail Codes field, you will find the rule that you wrote.Slide27
Session Summary

Summarize the key points you want your learners

to rememberCoeur d’Alene, IdahoSlide28
Questions & answers

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Thank You!

Mark Kremkow - mark.kremkow@clackamas.edu

Tamera Davis – tamerad@Clackamas.eduCoeur d’Alene, Idaho