Market Wise Inc.

Make Sure You Abide by the Can Spam Act

The Controlling the Assault of Non-Solicited Marketing Act of 2003 (CAN-SPAM Act) stipulates that all companies, which send or otherwise "initiate" commercial e-mail comply with specific requirements. If you use e-mail for sending out commercial messages, make sure you follow these new rules. Firms that breach the Can Spam act may be fined up to $100 for each message sent that violates the Act's provisions. For flagrant violations, the law provides for imprisonment and fines up to $1 million.

CAN-SPAM requires all companies that send or otherwise "initiate" commercial email (unsolicited and opt-in) to:

Not send any message with a misleading subject heading.
Include in each message a valid return email address or Internet-based reply mechanism that will function for at least thirty (30) days after you send the message.
List a physical postal address in the body of each message.
Place a conspicuous notice identifying each message as an advertisement or solicitation (you do not need to include this advertisement notice if your recipient clearly requested the e-mail).
Clearly explain in the message how recipients can prevent receiving future messages by using the sender's return email address or Internet-based reply mechanism.
Honor all "opt-out" requests within ten (10) business days of their receipt.
Not sell, exchange or otherwise transfer the e-mail address of any recipient who has made an "opt-out" request, except as necessary to comply with the Act or other provisions of law.

Have your legal team review your e-mail policy.

Essentially, your best approach in this new environment is to take the "high road". Only send messages to individuals who have specifically requested it. Avoid using third party senders (unless you have real confidence that they will follow this new law). Take people off your mailing lists the moment they request the removal (look for some automated tools to do this). To distribute your information online, consider less push and more pull channels, e.g., pay-per-click and ezine advertising (see other articles in this e-newsletter).