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Published on July 17th, 2013 | by alfbrand

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CAN-SPAM Act

The CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography and Marketing Act) is a federal law that established requirements for those who send commercial email. It spells out penalties for spammers and companies whose products are advertised in spam if they violate the law, and gives consumers the right to ask emailers to stop spamming them. Some measures of the law include:

  • 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. We take care of this for you and make sure your email complies with the law.
  • Prohibits deceptive subject lines. The subject line cannot mislead the recipient about the contents or subject matter of the message.
  • Requires that your email give recipients an opt-out method. You must provide a return email address or another internet-based response mechanism, such as an unsubscribe link, that allows a recipient to ask you not to send future email messages to that email address, and you must honor the requests. Any opt-out mechanism you offer must be able to process opt-out requests within 10 days and continue for 30 days after you send your email.
  • It requires that commercial email be identified as an advertisement and include the sender’s valid physical postal address. Your message must contain clear and conspicuous notice 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.

The CAN-SPAM Act also provides for penalties for a number of other offenses, which can be reviewed here: http://www.ftc.gov/bcp/conline/pubs/buspubs/canspam.htm

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