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In today’s banking environment as soon as one big new regulation is implemented another pops up. ICBA’s compliance training opportunities and exceptional resources, online and offline, will help your community bank stay informed and one step ahead of the regulators.

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Compliance Question of the Week

Question: If a bank purchases an email list to use for commercial messages about products/services, is the bank in violation of CAN-SPAM if the message is sent to someone on the list who has opted out?

ANSWER: 

CAN-SPAM does not require an opt in for the initiators of commercial email messages. That means if the bank purchased the list, it may not know if anyone on the list asked to OPT out.

However, bear in mind that there could be a violation if someone on the list has in fact opted out.

Consider: Reviewing the requirements and the guidance from the FTC to help determine the risk of purchasing a list.

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

Compliance Vault


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