[Mary Frances]

We are looking into sending general advertisements via email. We know we have to include an opt-out but do we have to get permission from the customer? We do get their email address at account opening for CIP so is this considered permission? We thought that an examiner in the past had told us that we have to get a customer’s permission before sending any advertising via email. We have been reading CAM-SPAM and doing additional research but we are unable to find anything that states we have to get the customer’s permission. Any help would be appreciated.

[Maddyfish]

I had this same question a while back. I found the following from a FTC Blog, where they asked candid questions from someone at the FTC. See below:

I bought a list of email addresses for people likely to be interested in my niche product. If I comply with the commercial email requirements of CAN-SPAM, do I have anything to worry about?

CHRISTOPHER: The CAN-SPAM Act doesn’t require initiators of commercial email to get recipients’ consent before sending them commercial email. In other words, there is no opt-in requirement. So in general, as long as you follow the “initiator” requirements of the Act, you can send email until the recipient asks to opt out. But buying lists like that can be risky. There is the possibility that addresses on the list belong to people who have already opted out of receiving email from your company. And there’s a risk that the list was put together using illegal means like address harvesting or dictionary attacks. Therefore, some companies choose to send marketing email only to people who have affirmatively asked to receive them or with whom the company already has a business relationship.

https://www.ftc.gov/news-events/blogs/business-blog/2015/08/candid-answers-can-spam-questions

I hope this helps.

[MGON315]

We are evaluating proposed disclosures, as shown below, that are intended to comply CAN SPAM 15 USC Chapter 103 requirement that states: Email messages must have a clear and conspicuous identification of the message as an Advertisement.

Proposed disclosures:

This message provides information about WSFS products and services that may be of interest to you or
This promotional email was sent to you to provide information about products, services, or special offers that may be of interest to you.

We want to ensure that the proposed disclosures are clear and conspicuous and welcome your perspectives.

Thank you!

[Author]

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