Not at all. First, we should recognize that both of theseconsumer-protection measures are really good news. Few peopleappreciate receiving nuisance or unsavory junk mail, and puttingreasonable restrictions on e-mail marketing may actually increasethe likelihood of legitimate e-mail marketing getting through. Byfollowing the rules and learning what makes e-mail get stuck inspam guards, we can ensure that our promotions reach members'inboxes.

The new FTC regulation focuses on four areas: unsubscribing,legal mailing addresses, definitions and responsibility for jointpromotions. But for credit union marketing departments, the mostimportant provision relates to honoring requests tounsubscribe.

If a member chooses to opt out of a sender's e-mail, thatrequest must be honored within three days (instead of the 10 daysallowed under the FTC's interim rule). Further, senders may notimpose a fee on recipients asking to be removed from an e-maillist, nor can they require recipients to provide any informationbeyond their e-mail addresses and opt-out preferences. And finally,recipients may not be required to take any steps other than sendinga reply or visiting a single page on a Web site.

Other provisions of the regulation involve the following:

Sender. The new rule defines who is a designated sender ofe-mails and, therefore, responsible for complying with the CAN-SPAMAct's opt-out requirement. This provision pertains to situations inwhich two organizations collaborate on promotions oradvertising.

Mailing address. The credit union's physical mailing addressmust be easy to find on its Web site. Or, if either a USPS orprivate mail box is used, it must be registered according to postalregulations.

Definition of person. The FTC rule added a clarificationbroadening the term "person" beyond natural persons to includegroups, associations and corporations.

Please note that only promotional--not relational ortransactional--messages are affected by CAN-SPAM. For moreinformation on the new regulation, go to www.ftc.gov.

While spam filters have become more complex, ensuring thatcredit unions' messages are delivered is a straightforward process.But it may require adjusting systems or working with e-mail serviceproviders, such as DigitalMailer, that know their way around ISPsworldwide.

Credit unions can go beyond the FTC regulation and ensuredeliverability by following these tips:

Preference-based e-mail. Allow members to choose the types ofe-mail they wish to receive. Not only does this place your creditunion well beyond CAN-SPAM rules, it also ensures you are invitedinto members' inboxes.

Subject line and content. Stay away from punctuation or words(such as "free," "save" or "buy") that could raise red flags withthe subject line. In the body of the message, avoid large images,logos or mastheads, which can take up valuable space or cause theviewer to see red "Xs."

Certification. Make sure your system is certified or safe-listedwith leading ISPs. And be sure to remove bad e-mail addresses thatISPs report as not being active.

Spam-check tools. Take advantage of tools that evaluate outgoinge-mail so you can correct messages that could trigger spamguards.

Register. Record your own SPF files to protect against forgedsender addresses and to meet the growing list of ISPs requiringthis form of identification.

With a few adjustments to make sure your procedures are incompliance and by staying attuned to spam-checker reports, you cancontinue to provide members with wanted information on specialoffers or new products.

Ron Daly is president/CEO of DigitalMailer Inc. He canbe reached
at 866-994-4900 or [email protected]