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CAN SPAM Act

CAN-SPAM stands for "Controlling the Assault of Non-Solicited Pornography and Marketing." The act was put into place January 2004 to set out requirements for those sending out commercial emails, establish penalties for spammers, and give consumers the right to ask emailers to stop spamming them.

 http://business.ftc.gov/documents/bus61-can-spam-act-compliance-guide-business

http://en.wikipedia.org/wiki/CAN-SPAM_Act_of_2003

http://www.fcc.gov/guides/spam-unwanted-text-messages-and-email

 Compliance Basics: A 10-Point Checklist

Many of these are very basic and already second nature to opt-in email marketers: no fraudulent transmission data, no harvesting email addresses. Others are more complex, such as new rules regarding inclusion of a physical postal address. These are good starting points in ensuring your email program is in compliance with the new law:

  • Don't use fraudulent transmission data, such as open relays and false headers (sections 4(a), 5(a)(1), and 6).
  • Don't use misleading sender or subject lines (section 5(a)(1) and 5(a)(2)).
  • Add your postal address to all email (section 5(a)(3) and 5(a)(5)(A)(iii)).
  • If your email list isn't opt-in or double opt-in ("prior affirmative consent"), include a clear notice that states the email is an advertisement or solicitation in commercial messages (section 5(a)(5)(A)(i)). If your list is opt-in or double opt-in, you're exempt from this provision.
  • Include a "clear and conspicuous" unsubscribe mechanism in every email (section 5(a)(5)(A)(ii)).
  • Have a process for handling unsubscribes within the 10-day window. Ensure this is in place electronically, as well as for unsubscribes received via postal mail (and any other contact information you include in the email, such as phone and fax) (section 5(a)(4)).
  • Offer recipients a way to receive some types of email from you while blocking others, along with a "global unsubscribe" option to stop all future email from your organization (section 5(a)(3)(B)).
  • Don't share the address of a person who unsubscribed with any other entity seeking to send that party email (section 5(a)(4)).
  • Don't harvest email addresses or use automated means to randomly generate addresses (section 5(b)(1)).
  • Remove any sexually oriented material from your messages. The law requires such material be readily identified in the subject line. When "initially viewed," the message body should include only instructions on how to access the sexually oriented material, as well as your postal address, a notice the message is an advertisement or a solicitation, and a working unsubscribe mechanism (section 5(d)(1)). You can ignore this if the message is sent to someone who opted in (section 5(d)(2)).

Another note, not so much on compliance as protection. Under this law, if you want to protect email addresses on your Web site from being harvested, add a notice you don't "give, sell, or otherwise transfer" these addresses to "any other party for the purpose of initiating, or enabling others to initiate," email messages (section 5 (b) (1)(A)).

 
 
 
 
 
 
 
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