What You Need to Know About The CAN-SPAM Act
http://www.lawsays.net/articles/3202/1/What-You-Need-to-Know-About-The-CAN-SPAM-Act/Page1.html
Anna Johnson
Anna Johnson publishes Internet marketing newsletter, Kikabink News. Go here to get a FREE subscription to Kikabink News as well as a FREE copy of Anna's ebook, Killer Internet Marketing Tips, plus four FREE killer 60+ minute audio interviews with top Internet marketers: Killer Internet marketing tips By Anna Johnson
Published on 08/4/2009
The CAN-SPAM Act defines and outlaws spam, and also sets out the penalties for those responsible for sending spam. The law applies to all email marketers sending email in the United States, and there are some 'subtleties' you should probably know about.
To help rein in 'spammers' (people who send out unsolicited marketing email) the U.S. Government enacted the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (CAN-SPAM Act), which it subsequently amended in 2008. The thrust of the Act is to define and outlaw spam, as well as to set out the penalties for those responsible for sending spam. The law applies to all email marketers sending email in the United States, and there are some 'subtleties' you should probably know about.
Now, this is not legal advice and I recommend you consult a qualified attorney for definitive advice about the CAN-SPAM Act. For now, however, let me highlight a few aspects of the law that may spark your interest. First a few basics...
Among other things, the CAN-SPAM Act prohibits companies from using false email addresses, false domains, and misleading subject lines. The law also requires email marketers to allow recipients to unsubscribe from email lists, where such 'opt out' options must be available for up to 30 days after a given email is sent.
Furthermore, marketers must honor any unsubscribe requests within 10 business days of the request. Once someone opts out, an email marketer is not just barred from sending that person any further emails, but is also barred from selling or lending that email address to others.
In 2008, changes were made to the CAN-SPAM Act to make unsubscribing easier for email recipients. Based on these amendments, companies are now forbidden to require spam recipients to pay any kind of fee or provide any additional information in order to unsubscribe from email lists. Indeed, email recipients must not be required to do anything more than send a reply email message or visit one, and only one, webpage, in order to opt out of a list.
Another key modification to the original CAN-SPAM dealt with webpage customer referral mechanisms e.g. 'tell a friend' forms. Following the amendments, if a company offers customers the ability to fill out a webpage referral form, then any email sent to the person being referred is considered to be from the company, not the person referring them.
Furthermore, if you provide a reward, incentive or inducement to someone in return for forwarding a message to someone else, then all the CAN-SPAM Act provisions apply to you as if you sent the email directly. On the other hand, if you offer no such incentive, and do not create an email list with the referred email addresses, the CAN-SPAM provisions won't apply.
As indicated above, this is a 'heads up' rather than legal advice. To know for sure what are your rights and responsibilities under the CAN-SPAM legislation, be sure to consult a qualified attorney.
Now, this is not legal advice and I recommend you consult a qualified attorney for definitive advice about the CAN-SPAM Act. For now, however, let me highlight a few aspects of the law that may spark your interest. First a few basics...
Among other things, the CAN-SPAM Act prohibits companies from using false email addresses, false domains, and misleading subject lines. The law also requires email marketers to allow recipients to unsubscribe from email lists, where such 'opt out' options must be available for up to 30 days after a given email is sent.
Furthermore, marketers must honor any unsubscribe requests within 10 business days of the request. Once someone opts out, an email marketer is not just barred from sending that person any further emails, but is also barred from selling or lending that email address to others.
In 2008, changes were made to the CAN-SPAM Act to make unsubscribing easier for email recipients. Based on these amendments, companies are now forbidden to require spam recipients to pay any kind of fee or provide any additional information in order to unsubscribe from email lists. Indeed, email recipients must not be required to do anything more than send a reply email message or visit one, and only one, webpage, in order to opt out of a list.
Another key modification to the original CAN-SPAM dealt with webpage customer referral mechanisms e.g. 'tell a friend' forms. Following the amendments, if a company offers customers the ability to fill out a webpage referral form, then any email sent to the person being referred is considered to be from the company, not the person referring them.
Furthermore, if you provide a reward, incentive or inducement to someone in return for forwarding a message to someone else, then all the CAN-SPAM Act provisions apply to you as if you sent the email directly. On the other hand, if you offer no such incentive, and do not create an email list with the referred email addresses, the CAN-SPAM provisions won't apply.
As indicated above, this is a 'heads up' rather than legal advice. To know for sure what are your rights and responsibilities under the CAN-SPAM legislation, be sure to consult a qualified attorney.