Registry Compliance Program

What is the VerticalResponse Registry Compliance Program?

In response to recently passed laws in Utah and Michigan, VerticalResponse has created a Registry Compliance Program to ensure that our clients are protected when sending email campaigns to residents of these states. While most emailers are aware that the CAN-SPAM law regulates email practices on a federal level, recent laws passed by individual states present new challenges for marketers sending commercial email.

Due to these developments, and the possibility of other states passing similar laws in the future, we’ve devised the VerticalResponse Registry Compliance Program. This program offers a data scrubbing service that guarantees compliance with laws establishing “Do Not Email” registries.

Clients may join the Program to have their email lists scrubbed against the registries on a monthly basis. Matches that are found within the registries will be blocked so they can’t be mailed from your VerticalResponse account.

This initiative keeps our clients’ email lists in full compliance with all state and federal laws. Since VerticalResponse manages the set-up and program maintenance, clients who join the program can focus on core business tasks rather than time-consuming compliance issues.

Who do the Registries aim to protect?

The registries in Utah and Michigan were created to protect children from receiving emails that promote products or services that are restricted to minors due to their age. Parents and guardians can add their child’s email address to the registry, which then acts as a “Do Not Email” list for that specific state. Entire email domains belonging to schools or other organizations can also be added to the registry.

What types of products and services do the Registries address?

The products and services most likely to be affected by the Utah and Michigan registries include, but are not limited to:

Alcohol
Tobacco

Firearms
Gambling

Matchmaking sites
Adult (sexually explicit) content

Content that is less obviously in the crosshairs, but could also be impacted by the legislation includes, but is not limited to:

Financial services Credit cards	Car ads Car rental ads	Pharmaceuticals
Any good or service that is a prohibited or restricted use item for a minor

As a general rule, VerticalResponse’s Terms and Conditions prohibit the sending of campaigns that promote adult content, but many legitimate verticals, such as the wine industry, fall squarely under the terms of the new legislation, while others, such as financial services, occupy a gray area.

If your company or organization sends emails that contain any of the products or services noted above, you are strongly urged to join VerticalResponse’s Registry Compliance Program.

What are the penalties for marketers who fail to comply?

Enforcement provisions differ somewhat between the states, but essentially if a marketer sends messages to email addresses listed in the “Do Not Email Registry”, they are potentially subject to misdemeanor or felony charges (for multiple violations), jail time and fines ranging from thousands to tens of thousands of dollars. In addition, guardians have the right to sue defenders on behalf of their children and recover substantial damages.

Marketers found guilty of violating Utah’s law could face up to three years in jail and as much as $30,000 in fines, as well as potential civil judgments of $1,000 per message. Michigan’s law assesses similar fines and jail time, and civil penalties that could total $5,000 per message or $250,000 for each day the defendant is found to be in violation of the law.

Since these laws went into effect on July 1, 2005 and are subject to current legal challenges, it is not clear how enforcement efforts will proceed. We at VerticalResponse encourage all clients, partners and other interested parties to consult with their own legal advisers for further interpretation and to review the actual legislation at the following links:

Utah Legislature • Michigan Legislature

How Does the VerticalResponse Registry Compliance Program Work*?

All VerticalResponse clients are eligible and may join the Program to have their email lists scrubbed against the registries on a monthly basis. Subscribers can choose to have their entire account scrubbed each month or specify designated lists. Once a match is found within the registries, it’s blocked so that email address can’t be mailed via your VerticalResponse account.

The scrubbing of the program is an automated process that requires no changes to any of the normal campaign creation and launching processes. Once the scrubbing is completed, the client’s credit card will be charged and they will be notified of the results via email.

The cost of the Program is directly linked to the number of emails found on your lists. The fees are tied to the total number of emails addresses scrubbed, not just the matches found. Each state registry maintains its own data scrubbing fee and below are the current costs:

Michigan is currently set at seven tenths of a cent ($0.007).
Utah is currently set at one half of a cent ($0.005).

*VerticalResponse pricing subject to change.

I'm an agency, can I offer the VerticalResponse Compliance Program to my clients?

If you are an agency managing email campaigns on behalf of your clients, the VerticalResponse Registry Compliance Program can easily be set up for each individual sub-account. While all of your sub-accounts must apply separately for entry into the Program, you can manage the entire application process. In addition, once the Registry Compliance Worksheets are completed for all of your interested sub-accounts, you can choose to cover the fees associated with the data scrubbing or make your client responsible.

Below is a brief overview of the agency set-up process:

Step 1: Determine which sub-accounts will be applying for entry into the Program
Step 2: Obtain information from your client(s) to complete the Registry Compliance Worksheet or send them the document to complete
Step 3: Determine billing for your sub-accounts (i.e. agency covers all fees vs. sub-accounts cover their own fees)
Step 4: Submit all completed Worksheets to VerticalResponse (fax: 415.905.6881, ATTN: Registry Compliance Team)
Step 5: Receive a confirmation email from VerticalResponse when the sub-account(s) have been accepted into the Program

Where Can I Learn More?

For additional information, please contact: registrycompliance@verticalresponse.com.
Or visit the following resources:

For information on the Protect MI Child Registry please visit: https://www.protectmichild.com

For information on the Utah Kids Registry please visit: https://www.utahkidsregistry.com

Also visit the VerticalResponse Email Marketing Blog or register for our newsletter to receive regular updates on regulatory matters and other issues affecting the email and direct mail marketing community.