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.
Claims made under Advertising Injury Coverage B may rise as more claims are made under the TCPA and the new CAN-SPAM
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 ...
Act has five basic requirements: 1) emails may not contain false and misleading messages, 2) must have functioning return address and an opt-out mechanism that prohibits mailings after the 10-day opt-out period 3) must contain disclosure requirements (identify as advertisement, 4) provide notice of opt-out, and a warning label for sexually oriented material), and 5) prohibits aggravated violations, such as harvesting addresses (Manishin & Joyce, 2004).
District Courts in Illinois, Oklahoma, Washington and Michigan have held that CAN-SPAM
does, in fact, pre-empt relevant state laws.
Email marketing initiatives should be handled by professionals, who can ensure you don't run afoul of CAN-SPAM
and opt-in email marketing rules.
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.
Your system must be compliant with the CAN-SPAM
Act stipulates that each individual email in violation of the rules it sets forth is subject to a penalty of up to $16,000.