Making your E-Mails CAN-SPAM Compliant
The United States Federal Government, in an effort to reduce unsolicited email, introduced the CAN-SPAM Act, formally known as Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003. It officially took effect Jan. 1, 2004. The CAN-SPAM Act permits damages of up to $2 million against companies that violate the provisions of the law. A federal district court can triple damages, to $6 million, if it determines that a violation is willful or meets other conditions.
According to CAN-SPAM legislation, e-mail must meet six basic requirements to avoid being labeled "unsolicited commercial" e-mail:
- The e-mail message must have correct and accurate header information. The originating e-mail address, domain name and IP address must be legitimate.
- The message must have an accurate subject line.
- The return e-mail address must be functional so recipients can opt out of the mailing. The return address must function for no less than 30 days after the transmission of the original message.
- Senders must not send e-mail more than 10 business days after receiving a request to be removed from a mailing list.
- Commercial e-mail must contain a clear identification that the message is an advertisement, must contain a conspicuous notice of opportunity to decline further e-mail.
- The postal address of the sender must be included in commercial e-mail.
The law allows companies to send one unsolicited e-mail, but that e-mail must meet all the other criteria stated above. However, once an e-mail recipient tells the sender not to send further unsolicited e-mail, senders are obliged to comply.
For the complete text of the act Click Here