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Marketing Insider: CANSPAM
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Articles: 8,531 Contributing Authors: 1,594
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Garrett French

The Law. I spoke with Rich Ord, our CEO here at iEntry, to get the main points about the CANSPAM act that will affect all of you US email marketers out there.

For all of our International readers out there, we invite you over to our Marketing Insider forum to discuss CANSPAM and other antispam laws.

To discuss CANSPAM or other anti-spam laws, click here.

Here are a few facts about the law that you need to take into consideration, along with the specifics of what you’ll have to do to keep your marketing legal. If you’re a good email marketer, which I’m sure you are if you’re reading WebProNews, not much of this will really apply to you.

The Law, In Brief. CANSPAM does not make spam, the practice of sending unsolicited emails, illegal. It does have some specific requirements for commercial emails which we’ll get to shortly. The new law covers all email for which the primary purpose is the commercial advertisement or promotion of a product or service.

The law excludes emails related to transactional relationships such as billing statements, announcements of warranty information, follow-ups to customer requests, etc. The new federal law supercedes most state and local email laws, except those that cover fraud and deception. This includes the controversial California law.

The key rules you must follow to send legal email marketing messages are:
  • include your full address within every email message
  • Subject lines must be descriptive in nature about the content of the email. There are specific civil penalties about the use of deceptive subject lines. Subject lines such as “news for a friend” would be considered misleading.
  • the from line should be from you or your business and not a sales pitch or marketing message
  • Use a reply address that will be active for at least thirty days after sending your email
  • the bill covers all commercial email solicitations, both solicited and unsolicited.
  • A conspicuously displayed unsubscribe link must be included within every email
  • Any unsubscribe requests must be honored within ten days
  • In the case of unsolicited email, the marketer must label the email as an advertisement. You may use the letters ADV in the subject line but this particular identification is not required.
  • It is now required that a valid physical postal address of the sender be found within all emails. (in emails under CANSPAM)
  • Related to sexually oriented email, a message within the subject line or at the top of the email must indicate the email’s sexual nature
  • The law also specifically bans the practice of harvesting emails through an automated means. This would mean it’s now illegal to obtain email addresses is to by crawling websites. This includes purchasing harvested email addresses from someone else.
  • The new federal antispam legislation also has several provisions related to the sending of emails with false or misleading headers, deceptive subject lines. But you wouldn’t do that anyway, right?

    Are you looking for complete details? Read the law itself here. If you'd like to discuss the CANSPAM law, or have more questions, please feel free to post in the forums.
    Thursday, Dec. 18, 2003

    CANSPAM's Effect on Marketing

    Garrett FrenchBy Garrett French

    The CANSPAM Act just passed here in the US, so I decided to call Loren McDonald, VP of Marketing for EmailLabs, on his views about how this would affect the marketing industry. Just to put this in perspective, EmailLabs sends out 1-2 million emails a day for companies that include Google and many of the Fortune 50.

    As you'll see, our conversation covered his belief that the act will increase spam.

    Grab some coffee and listen in on an exclusive interview with one of email marketing's biggest players!

    Click here to read the interview and share your opinions.

    Click Here to Read the Full Article


    About the Author:
    Garrett French is the editor of WebProNews, and helps drive the new "insider" forums in WebProWorld. Contact him here: Garrett@WebProNews.com, especially if you have any news, tips, or comments on the search industry.


    WebProWorld
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    Brittany Thompson

    Few topics are as controversial as spam. Never mind that much of the world is plagued by war, disease, famine, and poverty. The war on spam is a much bigger concern for most people. The lines between legitimate email marketing and spam have become so blurred that just the mention of the phrase "email marketing" can send some people into an angry rant. What we need to stop and realize is that spammers make up just a fraction of email marketers as a whole. Don't let a few bad apples spoil the bunch, and don't let propaganda convince you that all email marketers are spammers.

    If Loren is right, email marketing is going to continue to grow as a valuable marketing tool and we need to explore alternatives to spam. Today's forum cuts do just that.

    || Brittany ||
       

    Less talk about SPAM and more about email marketing

    By wwhhomes

    I'm disappointed. Not in Webproworld's forum or website but with some of the thread's in this category.

    Email marketing is not about SPAM or VIRUSES, yes these topics are important to us all. It is putting your company and products to people who are potentially interested.

      ...Click to read more

    Newsletter Mistakes - What's worse?

    wenwilderBy wenwilder

    I have been researching newsletters trying to decide if I truly want to start my own or not. The more I read, the more I wonder, the more I think I'll just stay on the bench for a while longer. The reason I say this is because my research has led me in circles.

    I started researching common mistakes made in newsletters, and at first it seemed pretty simple but noooooooooo it couldn't stay that way.

      ...Click to read more

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