Q: (CAN-SPAM): When sending unsolicited emails to non-customers, for purposes of CAN-SPAM Act, can the “from” line contain a loan officers name, instead of the entity sending the email; or must the “from” line disclose both the sender individually and the organization?

A: The FTC guidance addressing CAN-SPAM Act requires that the “From” portion of an email should be accurate and identify the person(s) or business(es) who initiated the message. It does not specifically require that the bank’s name be in the from line if the person who initiated the message, in this case, the loan officer, is clearly identified. However, it would be a good practice and you are certainly not prohibited from including the bank’s name in the from line.

Reference: “Don’t use false or misleading header information. Your “From,” “To,” “Reply-To,” and routing information – including the originating domain name and email address – must be accurate and identify the person or business who initiated the message.” https://www.ftc.gov/tips-advice/business-center/guidance/can-spam-act-compliance-guide-business

 


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