The Can-Spam Act and PR…

The new and widely covered US Can-Spam Act, which has been designed to address unsolicited commercial e-mail (though I haven’t noticed any drop off so far) is now in place.

So how does this affect PR communications?

Well, sending press releases via e-mail could be contrued as commercial e-mail, even though it’s not advertising per se. (Disclaimer: The following advice doesn’t include any legal input, you should consult your legal counsel for the full implications of the legislation) It’s probably best to understand the new requirements and where applicable amend your e-mail processes.

At the very least any “mass” PR e-mails should provide:

  1. A physical company address for your company (agency or in-house)
  2. A clear, working opt-out option to enable journalists to unsubscribe from subsequent e-mails
  3. The e-mail should be sent from an individual with a working e-mail address not an alias.

Secondary issues include:

  1. Process any opt-out requests within ten days of receipt
  2. Include a denotation such as “PR” in the subject line of your message which clearly highlights the nature of your e-mail
  3. Don’t use misleading subject line descripitions

The Can-Spam Act shouldn’t impact PR professionals who are using e-mail responsibly, but it makes sense to be careful and where possible adhere to its guidelines.