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This is not accurate. In item 4, that ONLY applies to unsolicited mail. A lot of Email providers are ignorant to this. If your customer has a relationship with you, you are not required to give them an opt-out line and the can-spam act is not relevant.
I’m not sure where DB gets his/her information but taken from the CAN-SPAM act website
http://www.ftc.gov/bcp/edu/pubs/business/ecommerce/bus61.shtm
it states…
The law, which became effective January 1, 2004, covers email whose primary purpose is advertising or promoting a commercial product or service, including content on a Web site. A “transactional or relationship message” – email that facilitates an agreed-upon transaction or updates a customer in an existing business relationship – may not contain false or misleading routing information, but otherwise is exempt from most provisions of the CAN-SPAM Act.
What the Law Requires
It requires that your email give recipients an opt-out method. You must provide a return email address or another Internet-based response mechanism that allows a recipient to ask you not to send future email messages to that email address, and you must honor the requests. You may create a “menu” of choices to allow a recipient to opt out of certain types of messages, but you must include the option to end any commercial messages from the sender.
Any opt-out mechanism you offer must be able to process opt-out requests for at least 30 days after you send your commercial email. When you receive an opt-out request, the law gives you 10 business days to stop sending email to the requestor’s email address. You cannot help another entity send email to that address, or have another entity send email on your behalf to that address. Finally, it’s illegal for you to sell or transfer the email addresses of people who choose not to receive your email, even in the form of a mailing list, unless you transfer the addresses so another entity can comply with the law.
The blog states it SUGGESTS you provide an opt out link.
err on the side of caution and ALWAYS give your customers the option to opt out… can-spam is always relevant!!
Opt-outs are good email practice for many reasons, not the least of which is keeping your abuse complaint ratio low and your IP clean. This is why most ESPs insist on them, especially if you’re sharing your IP with other companies – and some ESPs do this, so be sure to ask. The opt-out provides a bit of deliverability insurance and gives you a pulse on how interested or fed up your email list is. It’s not to be used as a legal safety net.
However, it’s important to note how people perceive your messages. B2C studies have shown that recipients categorize most commercial email as “spam” even if they’ve asked to receive emails – or given expressed consent. They’re also more likely to hit the abuse complaint button if you’re not giving them an opt-out option. If complaints happen frequently and your ratio of abuse gets too high, you’ll be “blacklisted.” If the customer is upset, it takes less than 2 minutes to call the Federal Trade Commission and report you on their automated system. Keep your customers happy. Give them an opt-out. It’s worth it.
Thanks for posting, I