The CAN-SPAM Act:
The CAN-SPAM Act (Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003) supercedes the various conflicting state laws for the regulation of email. When sending emails you need to make sure you comply with the CAN-SPAM Act of 2003. For more information on the CAN-SPAM Act, go to: https://www.ftc.gov/tips-advice/business-center/guidance/can-spam-act-compliance-guide-business
We are completely permission-based. All of our services are in full compliance with CAN SPAM laws. We supply a CAN-SPAM compliance guarantee on all orders. We can help you maintain comprehensive opt-out lists, properly identify and clean bounce-back e-mail addresses, as well as implement and manage permission and frequency rules for your e-mail database.
Nevertheless, the CAN-Spam Act contains requirements that must be met by all mailers regardless of existence of a prior business relationship with the recipient. All companies that send commercial email must:
• Do Not use subject headings intended to mislead the recipient into opening the message.
• Use a reply address that will be active for at least thirty days following the transmission of an email message.
• Include a physical postal address in the body of each message.
• Include a clear notice that the message being sent is an advertisement or solicitation.
• Include clear instructions in the body of the message detailing how to opt-out of subsequent mailings
• Honor all opt-out requests within ten days and not transfer, sell, lease, or exchange the email address of any recipient that has made an opt-out request.
All of the above apply to both solicited and unsolicited commercial mailings with one exception. Mail sent to recipients at their consent (opt-in newsletters, alerts, etc…) does not need to contain the disclaimer labeling the message as an advertisement or solicitation. Damages under this Act can be reduced if policies and procedures designed to prevent such violations have been established and implemented, and a violation occurred despite reasonable effort intended to maintain compliance with the aforementioned policies.
Since most legitimate email marketers honor removal requests and do not send mailings by hijacking open relay servers or write misleading subject lines, the two key issues to address before the New Year are the inclusion of a physical postal address in the message, and the inclusion of a disclaimer identifying the message as a solicitation or advertisement, should one be required.
Int'l data compile clients or clients' users may not use Int'l data compile system to send unsolicited emails (SPAM) for any purpose commercial or non-commercial. An email will be considered spam if the list member has not specifically granted permission for the list owner to send them email. If your email list is derived from harvesting, purchase (even with the original list owner's permission), or any other means other than direct subscription, any email sent to the list will be considered unsolicited (SPAM).
Int'l data compile will investigate all complaints of unsolicited email. Int'l data compile reserves the right to suspend or cancel your list hosting service for any email we determine to be unsolicited. It is the list owner's responsibility to keep documentation of all opt-in email subscriptions as proof of request.
If you are a list member and feel that you have received unsolicited email, please complete our complaint form.
Double Opt-In Policy:
Int'l data compile requires a double opt-in subscription method for all new list members. A new member shall not receive email from the list until the member receives and replies to a single subscription request from the requested member address. The original subscription request may not contain advertising or information other than the subscription request and list owner contact information.
All list messages must contain unsubscribe instructions in the email headers and/or the body or footer of the email message itself. Any member who requests to be removed manually from your list must be removed within 10 business days of the removal request.
CAN-SPAM Law: A Brief History
CAN-SPAM Law is a shortened version of the name of Public Law No. 108-187, which was signed into Law by President George W. Bush on December 16, 2003. The full name of the Law and bill was Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003. Of course, the name was also a play on the fact that unsolicited and unwanted email is typically referred to as "spam." The Law gives the U.S. Federal Trade Commission the right to enforce the standards of the law (which we'll discuss in detail below). You may think, based on the amount of unwanted and unsolicited email that you receive daily, that the Law is not particularly effective. However, as a sender of email, you are still governed by it. If the proper complaints are filed against you and you are found to be in violation of CAN-SPAM Law, then you are subject to large fines. Fortunately, being in compliance of CAN-SPAM Law is quite simply if you follow a few basic rules.
What Type of Email Sending Does CAN-SPAM Law Cover?
It's also misleading to think that CAN-SPAM Law only applies to large bulk email sends. CAN-SPAM Law covers all commercial email messages. What does that mean? According to the wording of the Law, it means "any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service." That includes email that promotes content on a commercial website, so if your website makes any money at all and your email links back to it, you are liable under CAN-SPAM Law.
Do you use email in your business? The CAN-SPAM Act, a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have you stop emailing them, and spells out tough penalties for violations.
Despite its name, the CAN-SPAM Act doesn’t apply just to bulk email. It covers all commercial messages, which the law defines as “any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service,” including email that promotes content on commercial websites. The law makes no exception for business-to-business email. That means all email – for example, a message to former customers announcing a new product line – must comply with the law.
Each separate email in violation of the CAN-SPAM Act is subject to penalties of up to $40,654, so non-compliance can be costly. But following the law isn’t complicated. Here’s a rundown of CAN-SPAM’s main requirements:
1.) Don’t use false or misleading header information. Your “From,” “To,” “Reply-To,” and routing information – including the originating domain name and email address – must be accurate and identify the person or business who initiated the message.
2.) Don’t use deceptive subject lines. The subject line must accurately reflect the content of the message.
3.) Identify the message as an ad. The law gives you a lot of leeway in how to do this, but you must disclose clearly and conspicuously that your message is an advertisement.
4.) Tell recipients where you’re located. Your message must include your valid physical postal address. This can be your current street address, a post office box you’ve registered with the U.S. Postal Service, or a private mailbox you’ve registered with a commercial mail receiving agency established under Postal Service regulations.
5.) Tell recipients how to opt out of receiving future email from you. Your message must include a clear and conspicuous explanation of how the recipient can opt out of getting email from you in the future. Craft the notice in a way that’s easy for an ordinary person to recognize, read, and understand. Creative use of type size, color, and location can improve clarity. Give a return email address or another easy Internet-based way to allow people to communicate their choice to you. You may create a menu to allow a recipient to opt out of certain types of messages, but you must include the option to stop all commercial messages from you. Make sure your spam filter doesn’t block these opt-out requests.
6.) Honor opt-out requests promptly. Any opt-out mechanism you offer must be able to process opt-out requests for at least 30 days after you send your message. You must honor a recipient’s opt-out request within 10 business days. You can’t charge a fee, require the recipient to give you any personally identifying information beyond an email address, or make the recipient take any step other than sending a reply email or visiting a single page on an Internet website as a condition for honoring an opt-out request. Once people have told you they don’t want to receive more messages from you, you can’t sell or transfer their email addresses, even in the form of a mailing list. The only exception is that you may transfer the addresses to a company you’ve hired to help you comply with the CAN-SPAM Act.
7.) Monitor what others are doing on your behalf. The law makes clear that even if you hire another company to handle your email marketing, you can’t contract away your legal responsibility to comply with the law. Both the company whose product is promoted in the message and the company that actually sends the message may be held legally responsible.