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The CAN-SPAM Act And How It Affects You And Your Customers
The CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography and Marketing Act) is new U.S. legislation (applicable to the US only) which went into effect January 1, 2004. This new law created a national standard that clearly distinguishes legitimate commercial email from unlawful spam and imposes tough criminal penalties, including jail time, on spammers.
The CAN-SPAM Act essentially applies to all businesses who use email. In short, the Act establishes requirements for those who send commercial email (including newsletters and promotional emails), establishes penalty guidelines for spammers (and companies who advertise their products through spam), and also gives consumers the right to ask emailers to stop spamming them. The Act is enforced by the Federal Trade Commission (FTC), with each violation of the Act incurring fines up to $11,000.
Key Highlights of the CAN-SPAM Act:
It bans false or misleading header information. Your email's "From," "To," and routing information – including the originating domain name and email address – must be accurate and identify the person who initiated the email.
It prohibits deceptive subject lines. The subject line cannot mislead the recipient about the contents or subject matter of the message.
It requires that your email give recipients an opt-out method. You must provide a return email address or another Internet-based response mechanism that allows a recipient to ask you not to send future email messages.
It requires that commercial email be identified as an advertisement and include the sender's valid physical postal address. Your message must clearly state that the message is an advertisement or solicitation and that the recipient can opt out of receiving more commercial email from you. It also must include your valid physical postal address.
It implicates not only spammers, but those who procure their services. If you fail to prevent spammers from promoting your products and services you can be prosecuted.
This diagram, provided by the Direct Marketing Association (DMA), graphically illustrates commercial email in compliance with federal law in contrast to illegal spam, and provides contact information for government authorities responsible for the enforcement of the new anti-spam law.
The DMA also suggests posting the diagram near your computer as a reminder to verify that your e-mail marketing campaigns are in compliance with the law.
It is important to remember that legitimate commercial emails are an affordable and effective marketing tool allowing businesses to break into, and compete in the global marketplace. Remember to be honest in the way you obtain your email addresses and in your email promotions. Business is all about meeting customer needs – not tricking them! |