Educational Fundraising Whitepapers

CAN-SPAM Law Summary
January 2007

What: Mandatory compliance with the “Controlling the Assault of Non-Solicited Pornography and Marketing
Act of 2003” (CAN-SPAM) anti-spam legislation of 2003
Who: Every nonprofit organization
When: Action should be taken immediately

For more information on CAN-SPAM, please visit http://www.the-dma.org/antispam/.

I. CAN-SPAM COMPLIANCE
It is imperative that all nonprofit organizations (NPOs) that communicate to their supporters via email must take care to adhere to the regulations outlined in the CAN-SPAM act in order to avoid legal action. “CAN- SPAM” is the abbreviation for the “Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003.” Violators of CAN-SPAM are subject to financial penalties of up to $11,000 per incident, so adherence to these guidelines is crucial.

CAN-SPAM Compliance & Best Practices Checklist:

- The supporter has explicitly opted in to receive this email communication (*see below)
- The email clearly states the identity of the sender (see Item 1 on Page 3)
- The subject line relates directly to the content of the email (see Item 2 on Page 3)
- There has been no forging of headers or technological deceptions
- The message includes the NPO’s street address to which recipients can send unsubscribe requests (not a PO Box) (see Item 3 on Page 3)
- The email clearly states an opt-out that works, is easy to find, and is easy to use (see Item 4 on Page 3)
- If a supporter opts out of receiving the email, then the NPO must cease sending emails to the supporter within 10 days
- There has been no surreptitious acquisition of email addresses via automated mechanisms without the supporter’s awareness and agreement
- There is no monetary or tangible incentive for the supporter to forward the email to other recipients. This pertains to Papilia’s Share With Friends feature as well
- The message includes a link to the NPO’s privacy policy (see Item 5 on Page 3)


II. FAQ
*Q: What is explicit opt-in?
A: This means that supporters have actively stated that they want to receive a communication. A supporter’s
email address within the donor database is not necessarily emailable, until the supporter submits a form
(either online or written) with a checked box that indicates his or her permission.

Q: How can I be sure that I am receiving explicit opt-ins for email communications?
A: Include the following wording on your print and online communications:

Please send me email communications from [NPO name].
(Include a check box next to the above opt-in language.)

Q: What should the reply-to email address be?
A: The format of the reply-to email address for emails sent through the Papilia system is: NPO Name
[NPOfeedback@my-websites.org]. This is the information that Papilia emails contain within the “From” field in
the email header. It is simply an alias, and if a supporter replies to the email sent through the Papilia system,
the alias directs the supporter’s email to the email address of the person managing the email campaign within
the NPO.

Q: Our NPO’s Executive Director has a list of personal and professional contacts, and some of those
records include email address. Can our NPO send email appeals to these contacts?
A: The NPO cannot send email to these contacts until they have explicitly opted in to receive email
communications.

Q: Our NPO’s Executive Director has a list of personal and professional contacts, and some of those
records include email address. Can our NPO send email appeals to these contacts?
A: The NPO cannot send email to these contacts until they have explicitly opted in to receive email
communications.

Q: Our NPO held a fundraising event at which names were collected, and some attendees gave their
email address. Can our NPO send email appeals to these event attendees?
A: The NPO can only send email to these event attendees if they have explicitly opted in the receive email
communications.


While it is ultimately each NPO’s responsibility to comply with all laws, your Papilia Client Services Manager will
follow up with you regarding CAN-SPAM compliance. We recommend contacting your NPO’s legal team for
further direction. If you have any questions in the meantime, please do not hesitate to contact us.