Does CAN-SPAM apply to "tell-a-friend"?
It's a tough problem - if a website has a "tell-a-friend' feature, or an email broadcast has a "forward-to-a-friend" feature, do those functions have to comply with the CAN-SPAM anti-spam law?
According to a discussion published in the Federal Register on May 12, the Federal Trade Commission has determined that they do not have to comply. (That is, as long as you're not paying people to forward those messages.)
From the FTC:
The Commission believes that making available the means for forwarding a commercial e-mail message, such as using a Web-based "click-here-to-forward" mechanism, would not likely rise to the level of "inducing" the sending of the e-mail.
Get into the nitty-gritty and read the latest rulings from the FTC here (PDF).
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