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| Category: Business |
Date published: January 30, 2004 |
The 2004 CAN-SPAM Law
by Albin Dittli
The 2004 CAN-SPAM Law
By Albin Dittli
The new federal CAN-SPAM law went into effect on January 1, 2004. President Bush signed it into law on December 16, 2003. The purpose of the law is to cut down on spam and control other objectionable email practice.
The CAN-SPAM law is also known as the "Controlling the Assault of Non Solicited Pornography and Marketing Act of 2003". It now governs your commerce communications very specifically.
The law can also affect those of you who live outside of the United States. If any of your business is conducted inside the United States or using United States companies, such as autoresponders, hosts, advertisers, or online banks or payment processing companies, than this law may also apply to you.
This law affects everyone involved in Internet marketing. You should read the law so that you understand it.
Following is a list of what the law says, which I compiled from the law and from other sources commenting on the law. This is intended as a guide and is not legal advice. The actual law should be your final source of information.
Make sure that all of your business related emails contain your real name, your real email address, and your real physical address or post office box.
It is not required, but it would not hurt to include your telephone number. It appears that the goal here is to show that the email is coming from a real live person.
Make sure that you use a double, or confirmed, opt-in system for subscribers and customers.
Each commercial email needs a link that allows the receiver to opt out of further mailings. You should test this link on a regular schedule to verify that it is working. The easiest way to do this is to subscribe yourself, then unsubscribe.
You should keep a file, and back it up, of all opt-in requests, from both emails and web forms. This can become your evidence if someone complains to the Federal Trade Commission against you. If you use an autoresponder that requires a double opt-in system, this should not be a problem.
Make sure that you never send a business related email to a person who has not requested it or who has not agreed to a Terms of Use Policy that clearly states that they will be receiving commercial email from you.
Never send an email to someone that has opted-out of further mailings.
Honor unsubscribe requests within 24-48 hours
Do not send emails to addresses that have been harvested from websites.
The new law wants honesty in emails. Make sure that your email subject line, header and return address are all truthful, honest, and not misleading.
Do not send sexually oriented e-mails without clear markings. This is a criminal offense.
Your web site needs to have clearly marked and easy to find policies. The policies should include Terms of Use, Child use, Guarantee and Returns, and Privacy policies.
Your terms of use and privacy policies should be where a person subscribes or buys from your site. It would be good to require them to check a check box stating that they have read and agree to the terms.
The law implicates not only spammers, but also those who procure their services. Indeed, if you fail to prevent spammers from promoting your products and services you can be prosecuted. To help protect yourself, add a clear and precise anti-spam policy to your website. Notify your affiliates and members that they will lose their membership if they spam. And follow-through with it when needed.
The law includes both criminal and civil penalties. It allows suits by the Federal Trade Commission (FTC), State Attorney Generals, and Internet Service Providers.
The law carries potential civil fines of $250 per violation (each email is a separate violation) up to $6,000,000 and criminal penalties that include a felony conviction, jail time and fines, and the seizure of all your business and personal assets.
On the positive side, this new law replaces the anti-spam laws of 36 states, including the California onerous anti-spam law, which was to be effective on January 1, 2004. Many people think that that California law was harsher then the Federal law.
You should not have any problems if you follow these guidelines. If you want more detail or have further questions, then you should consult your attorney and the actual law.
You should not stop emailing or doing business on the Internet. Just be honest in all of your dealings and comply with the law to the best of your ability. Use common sense and continue with your Internet business. The Internet is still one of the best ways for an entrepreneur to make a living.
CAN-SPAM will help get rid of the shady online operators whose actions adversely contribute to Internet marketing's reputation, and who bring on government regulation. Those of us who practice open, honest, customer-relationship driven business should benefit in the long run.
See and read the entire law here: http://www.the-home-business-center.com/ebooks.php or http://www.spamlaws.com/federal/108s877enrolled.pdf
Do's & don't of the new CAN-SPAM law: http://www.adlawbyrequest.com/legislation/CanSpam122203.shtml
Here is another resource for further information: http://www.wilsonweb.com/wmt9/canspam_comply.htm, Dr. Ralph F. Wilson, E-Commerce Consultant
Albin Dittli owns www.The-Home-Business-Center.com. To receive all the tools you need to set up your web site and receive more then $3,700.00 in resources, visit www.E-Biz-Toolbox.com.
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