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Apply the requirements to the actual message
FTC’s guide says an existing customer relationship does not make every promotion transactional. Identify the actual primary purpose, including mixed content, the promoted business and sender.
Commercial-message duties include accurate sending information and subject lines, the required identification/address and opt-out provisions. Honour requests within 10 business days without the prohibited fees or extra steps. The mechanism’s required availability period is a separate condition from that response deadline.
Would the opted-out address appear again?
In the fictional launch, one platform removes an address but another would still send the next campaign to it. The problem is the incomplete suppression across tools, not a missing statement that the agency is responsible.
Follow a test request into the sending platform, client database and other campaign systems before releasing that next send. Name who checks later suppression when a platform or client changes.
FTC says the promoted company and actual sender may both be responsible. The client cannot simply treat its outsourcing contract as proof that the process works.
Scope
- Commercial email only, not calls/texts, privacy, endorsements or other advertising clearance. This short explanation does not reproduce every message or opt-out-availability condition in the FTC guide.
Next step
Check whether one opt-out prevents the next send across every tool used for that campaign.
Sources & review notes
Federal Trade Commission
Passage, dates and research notes
official-guidance · Commercial/B2B scope; opt-out; vendor responsibility
The law makes no exception for business-to-business email.
Complete main guidance/FAQs read. The guide uses primary-purpose, identifying/address/opt-out and client/vendor responsibility rules, not the displayed monetary penalty. No telemarketing/text/privacy/regulated-product claim clearance. Editorial/publication/update date not inferred from the footer’s mixed historic/date material.
Detailed rule records (1)
FTC guidance applies to commercial messages including B2B; primary purpose matters. Identify accurate sender/content/address/opt-out responsibilities, honour opt-outs under the stated rule and monitor contractors. Both promoter and sender may have responsibility.
CAN-SPAM Act: A Compliance Guide for BusinessKeep this reading in your learning library.
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