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 USD $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.
Claims made under Advertising Injury Coverage B may rise as more claims are made under the TCPA and the new CAN-SPAM Acts.
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 ...
The Can-Spam 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.
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.
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.