The headline has been updated to reflect the status
of the class-action settlement.
LinkedIn users may want to check their emails.
Late Friday, October 2, the social media company sent a legal notice to its users outlining
Perkins v. LinkedIn Corp., a $13 million class-action lawsuit against LinkedIn.
The lawsuit accuses the company of accessing customer email accounts without permission with its
“Add Connections” feature.
LinkedIn denies any wrongdoing and has maintained its position that users consented to their emails being used.
The court agrees with LinkedIn
that users gave the company permission to use their email with the first LinkedIn connection request. The court, however, says the LinkedIn did not receive user permission to send two automated,
follow-up emails about the requests.
LinkedIn has agreed to pay $13 million to settle the lawsuit and has since updated its privacy policy.
Users who used LinkedIn’s “Add
Connections” feature between Sept 17, 2011 and Oct. 31, 2014 may be eligible to receive a check if they submit a claim by Dec. 14, 2015.
Gilardi & Co, LLC, the law firm behind the
class action lawsuit, has created a Web site for LinkedIn users to easily submit a claim.
Email marketers should see this
case as a warning to ensure their email marketing complies with state and federal laws. As evident by Perkins v. LinkedIn Corp., failing to comply can be incredibly costly.
Every
email in violation of the CAN-SPAM Act, for example, can be liable for a penalty up to $16,000.
The CAN-Spam Act, or the Controlling the Assault of Non-Solicited Pornography And Marketing Act,
is a 2003 law that standardized commercial email use. The Federal Trade Commission offers a CAN-SPAM Act compliance guide for business online outlining the seven main requirements of the law.
According to the Federal Trade Commission, the seven main requirements
of the CAN-SPAM ACT are:
1. Don’t use false header information
2. Don’t use misleading subject lines
3. Identify that your message is an
advertisement
4. Include a physical postal address in your email
5. Clearly state how recipients can opt-out of future emails
6. Honor unsubscribe requests in a timely
manner
7. Monitor any third-party services to ensure they are compliant as well
Cornell University Law School also offers a guide for viewing state-by-state anti-spam laws in the United States.