Online Profit Marketing

Summary of the CAN-SPAM Act Provisions

Here is a summary of the CAN-SPAM Act Provisions.

This is NOT an exhaustive explanation of the CAN-SPAM Act laws, and should not be taken as legal advice. Make sure you always consult an attorney about any legal aspects of your business.

Here are the highlights of the CAN-SPAM Act which affect you as an online marketer using e-mail or affiliate marker doing e-mail.

* A visible unsubscribe mechanism must be present in all emails.
* All opt-out links must work.
* Opt-out requests must be honored within 10 days.
* Opt-out lists must be only used for compliance purposes. Opt-out lists cannot be sold, rented or given to other marketers or List Company.
* Advertising email must contain an accurate “From” line. You cannot use a false name or pretend to be a different person or company in the “From” line.
* Subject lines must be relevant to content.
* You must have a legitimate physical address for you, the advertiser, it must be included in the email.
* A warning label must be present if the content is Adult in nature.
* An advertising email can not be sent through an open relay server. (Open relay servers are a favorite tool of Spammers, since they allow Spammers to “hide” and bypass blocks against them.)
* An advertising email can not be sent to a harvested email address. (“Harvesting” email addresses includes trading lists with other Spammers, as well as using “bots,” which are small programs that crawl the Internet and copy email addresses from web pages, email list archives, forums, etc.)
* An advertising email cannot contain a false email header. (The header must contain your email address, your recipient’s email address, and the server routing data.)
* The FTC is responsible for enforcing the CAN-SPAM Act.

Enforcement of The CAN-SPAM Act

Spammers can be reported to the FTC. Spammers can also be reported to the ISPs through which they send their SPAM. However, prosecution of Spammers tends to be difficult and lengthy.

Nevertheless, some Spammers have been prosecuted since 2004, including a few high-profile prosecutions of Spammers who served jail time and paid thousands of dollars in fines, and some even millions.

On May 13, 2008, Sanford Wallace and Walter Rines were found guilty of sending pornography and gambling spam to MySpace users. They were ordered to pay $230 million to MySpace, the largest CAN-SPAM damages award to date.

CAN-SPAM Limitations

Not all marketing email is SPAM. When consumers explicitly agree to receive marketing emails from merchants or affiliate marketers, those marketing emails are not classified as SPAM.

The CAN-SPAM laws are the reason double optin is so important for you as an e-mail marketer.

Tags: affiliate marketer, CAN-SPAM Act, Internet Marketing

Laws & Changes That Effect Internet Marketing | Nancy Nikolauson | April 11, 2009 5:44 AM

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