FTC test finds most e-retailers complying with CAN-Spam opt-out provisions

Most online merchants tested by the Federal Trade Commission comply with consumer requests to opt out of e-mail marketing or promotional messages, as required by the CAN-Spam Act, the FTC reports.

FTC staff visited the sites of 100 top Internet retailers that make significant use of e-mail marketing, including special offers, promotions, updates and newsletters. The staff created three e-mail accounts and monitored them for six weeks. Then the staff notified the retailers they wanted to opt out of the mailings.

The FTC found that all of the retailers that sent mail to the accounts gave clear notice of the recipient’s right to opt out of future mail promotions and provided an opt-out mechanism. Of that group, 89% honored all three opt-out requests made by the FTC staff and 93% complied with opt out requests for at least some accounts, the FTC said.

The FTC called the results “encouraging” and says it will continue to monitor online retailers’ compliance with the CAN-Spam Act, which took effect Jan. 1, 2004.