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CAN-SPAM

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CAN-SPAM

(Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003) A U.S. statute effective January 1, 2004 that allows spammers to be fined up to $6 million. It defines how legitimate marketers must create their email ads in order not to be considered spam. The message header must have a truthful subject line and a valid return address. The message must clearly state that it is an advertisement and have a simple way to opt out (cancel future ads from this source). If the user opts out, the advertiser must no longer send to that address after 10 days. See spam.
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In particular, while CAN-SPAM preempts some stronger state
(53) The Can-Spam Act also prohibits a sender or "any person acting on behalf of the sender" from sending spam more than ten business days after the recipient's objection.
necessary resources to enforce CAN-SPAM, and continue to coordinate with
Likewise, the CTO of another anitspam services firm, MX Logic, said in January that Can-Spam "has had no meaningful impact on the unrelenting flow of spam." In a press statement Scott Chasin said, "In fact ...
District Courts in Illinois, Oklahoma, Washington and Michigan have held that CAN-SPAM does, in fact, pre-empt relevant state laws.
CAN-SPAM governs the sending of commercial e-mails, which requires that the e-mail identifies the sender, the subject line reflects the contents of the message, the sender provides the recipient with the ability to opt out of receiving future commercial e-mails, and that the sender maintains and scrubs against a suppression list of prior opt-outs.
In the United States, CAN-SPAM laws govern email marketing, and even stricter laws prohibit unsolicited text messages.
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