CANSPAM Act of 2003 and How it Will
Affect Our Marketing Campaigns
(2) PROHIBITION OF DECEPTIVE SUBJECT HEADINGS.-It is unlawful for
any person to initiate the transmission to a protected computer
of a commercial electronic mail message if such person has actual
knowledge, or knowledge fairly implied on the basis of objective
circumstances, that a subject heading of the message would be likely
to mislead a recipient, acting reasonably under the circumstances,
about a material fact regarding the contents or subject matter of
the message (consistent with the criteria used in enforcement of
section 5 of the Federal Trade Commission Act (15 U.S.C. 45)).
Here again this concerns deceptive practices through the words
you place in the subject line to entice someone to read your email.
Let's say your email is about website design, but you place "FREE
Passwords to the Top Internet Adult Sites" in the subject line.
What does your subject line have to do with anything in your email?
That is a deceptive subject header and is now against the law for
all email falling under the CANSPAM Act of 2003. Simple solution
for this would be to make sure that your subject heading pertains
to the content of the email. In our example above, change the deceptive
subject line with "Website design, tips and tricks to increase
your search engine positioning".
(3) INCLUSION OF RETURN ADDRESS OR COMPARABLE MECHANISM IN COMMERCIAL
ELECTRONIC MAIL.-
(A) IN GENERAL.-It is unlawful for any person to initiate the transmission
to a protected computer of a commercial electronic mail message
that does not contain a functioning return electronic mail address
or other Internet-based mechanism, clearly and conspicuously displayed,
that-
(i) a recipient may use to submit, in a manner specified in the
message, a reply electronic mail message or other form of Internet-based
communication requesting not to receive future commercial electronic
mail messages from that sender at the electronic mail address where
the message was received; and
(ii) remains capable of receiving such messages or communications
for no less than 30 days after the transmission of the original
message.
(B) MORE DETAILED OPTIONS POSSIBLE.-The person initiating a commercial
electronic mail message may comply with subparagraph (A)(i) by providing
the recipient a list or menu from which the recipient may choose
the specific types of commercial electronic mail messages the recipient
wants to receive or does not want to receive from the sender, if
the list or menu includes an option under which the recipient may
choose not to receive any commercial electronic mail messages from
the sender.
(C) TEMPORARY INABILITY TO RECEIVE MESSAGES OR PROCESS REQUESTS.-A
return electronic mail address or other mechanism does not fail
to satisfy the requirements of subparagraph (A) if it is unexpectedly
and temporarily unable to receive messages or process requests due
to a technical problem beyond the control of the sender if the problem
is corrected within a reasonable time period.
All commercial messages sent must include an opt out option. The
opt out option can be a process where the receiver can send a reply
email to be removed, or a URL that points to a page where they can
be opted out, OR a listing within the email that allows them to
select the kinds of email they want to accept. I should clarify
this a bit. If you have a list in the email that gives them the
freedom to choose what kind of email they want, you must ALSO include
the ability for them to opt out. You are not able to just give them
a choice, but attempt to force them to remain on your list by targeting
the types of email they receive.
If you use a reply email as an option, or a page, you must ensure
that such email address or URL page is available for at least 30
days after a commercial email message is sent. If you experience
technical difficulties with your opt out options, you are covered
as long as you make all reasonable attempts to fix the problem,
and it is corrected in a reasonable time period. To be protected
from violation of the act, the reason must also be caused by something
that is out of your control. Sounds a bit vague don't it? Reasonable
is a relative term. Just be honest in your practices, fix problems
when they occur, and you shouldn't have any problems.
Back
to Table of Contents
Still
More Meat (Article Continues)
Canspam Compliance Company Interviews
Other Legal Articles:
Related E-Book Downloads
By James R. Sanders
January 06, 2003
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About the Author
James R. Sanders is the owner of Sanders
Consultation Group Plus. He has been a webmaster and website designer since
1997. He has also been involved in self employment ventures since 1992. He is
presently a contributing author of NewbieHangout,
and has been published through WebProNews
and 4Rankings.com.
His writing is targeted to webmasters, would be webmasters, website designers,
would be website designers, self employed, or those researching information
looking for solutions to questions associated with design, business operations,
and promotion today. His goal is to provide practical information based upon
his years of experience to help webmasters, website designers, and self employed
people achieve their goals in today's competitive global market. You can subscribe
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