Before you send out marketing materials over the Internet you should become familiar with laws that regulate business email conduct.
What is the CAN-SPAM Act of 2003?
CAN-SPAM stands for “Controlling the Assault of Non-Solicited Pornography and Marketing Act.” CAN-SPAM has a long and ominous sounding name that, unfortunately, does not match the lack of truly stiff penalties for failing to comply. Still, failure to follow the law can result in you being fined, sued, or blacklisted.
CAN-SPAM was enacted in 2004 to address the Internet’s need for controls and regulations regarding commercial advertising. CAN-SPAM created penalties for businesses that do not comply with federal email regulations. It also established consumer rights in regard to emailers who “spam” to them.
What CAN-SPAM Law Covers
The law regulates email and website content that is used for the primary purpose of advertising or promoting a commercial product or service.
Email Exemptions from CAN-SPAM Laws
Emails that are used to complete a business transaction that has been agreed to by the recipient (i.e., they order a product or request information) is exempt from most CAN-SPAM regulations. This kind of email is called “transactional” or “relationship message" is used to facilitate communications with an existing business relationship, not to solicit for one.
Transactional and relationship messages are still required under CAN-SPAM regulations to contain only valid routing information, that cannot be misleading or misrepresented in any way.
Who Enforces the CAN-SPAM Act?
The Federal Trade Commission (FTC) enforces violations of the CAN-SPAM Act. The Department of Justice (DOJ) is also granted the authority to enforce criminal sanctions.
Additionally, the FTC states that:
Other federal and state agencies can enforce the law against organizations under their jurisdiction, and companies that provide Internet access may sue violators, as well.
Part 2: What The CAN-SPAM Act Regulates in Business Emails
Part 3: The CAN-SPAM Act “Opt Out” Requirements
Source"
The U.S. Federal Trade Commission. ""The ICAN-SPAM Act: Requirements for Commercial Emailers." April 2004.
