We are looking at sending out a commercial message to our customers through an email. Can-Spam requires that we tell recipients how to opt out of receiving future emails. The guidance states "Your message must include a clear and conspicuous explanation of how the recipient can opt out of getting email from you in the future. Craft the notice in a way that’s easy for an ordinary person to recognize, read, and understand." Is it considered a clear and conspicuous explanation if we include only a link with an unsubscribe link and a link to the customer contact data information the outlines the opt out process? Is it ok if we don't actually state " To opt out of future emails, click the unsubscribe link" in the body or footer of the email? Your help would be greatly appreciated. Thank you.

Having a link that simple says "unsubscribe" in your email, IMHO fails to be a clear and conspicuous explanation of how the recipient can opt out of getting email from you in the future.

I agree with you, I don't think it is a clear and conspicuous explanation either. Do you happen to know if other banks have been sited for only using an unsubscribe link. I fought with our marketing department for 3 days about this and finally gave in and let them send out the email with the links. I am hoping to find something to take to Marketing and show them that it is not acceptable and proof why. Any help would be appreciated.

In the absence of detained regulations or case law, standards for what is clear and conspicuous can change over time. Since Congress passed the U-CAN-SPAM Act, your customers have had 18 years to learn how things work. If they're plagued by spam that gets through filters, they've learned how to unsubscribe from its sources. In 2003, I would have agreed with Randy. Today...I'm not so sure.