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CANSPAM Act of 2003 Compliance - Tutorial

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CANSPAM Act of 2003 Compliance - Companies That Can Help You Comply With The CANPAM Act of 2003

CAN-SPAM Compliance Company LLC

One of our searches lead us over to CAN-SPAM Compliance Company LLC and we had the opportunity to initially correspond with Carrie Williams. We think that Carrie is involved with company PR, but don't quote us :o) Our dealings with Carrie went off without a hitch. We were promptly referred to Michael (Mike) O'Brien, Co-founder and CEO of Can-Spam Compliance Company LLC. Responses were promptly and curteously provided in a timely manner. Although we must admit, this isn't being posted quite as quickly as we had hoped it would be. Our appologies to Carrie on that one. Our personal insight to this company; the staff is curteous and timely, responces are thorough and professional, and CAN-SPAM Compliance Company LLC should be a welcome addition to help you out with your CANSPAM Act of 2003 compliance goals. The questions and answers are as follows:

SCGP: Who are you?

Mr. O'Brien:
The CAN-SPAM Compliance Company, LLC.

SCGP: What is your service?

Mr. O'Brien:
CAN-SPAM Compliance Company LLC (CCC) helps responsible marketers establish, implement and maintain, with due care, commercially reasonable practices and procedures in order for the marketers to comply with the CAN-SPAM Act. The company offers a turnkey solution that addresses every aspect of the new e-mail compliance law, including:

Opt-Out Management: CCC takes on the burden of maintaining an unsubscribe list for its clients with turnkey, single-point, real-time management of opt-out requests, including list distribution to outside e-mail vendors.

Consulting Services: To protect its clients, CCC provides insertion orders that clearly define each party’s e-mail compliance responsibilities under the CAN-SPAM Act of 2003. CCC also keeps its clients briefed on breaking developments, legislation and litigation surrounding the CAN-SPAM Act.

Advisory Services: As a matter of due care and commercially reasonable practice and procedure, CCC carefully reviews each e-mail for CAN-SPAM Act compliance prior to distribution.

Reporting: CCC provides complete list reporting to allow clients to benchmark their e-mail service providers – tracking which ESPs are delivering the cleanest lists. CCC also provides full reporting of opens and click-thrus as tools to measure an e-mail campaign’s effectiveness.

SCGP: How long have you been in business?

Mr. O'Brien:
CAN-SPAM Compliance Company LLC was founded in late 2003. Its founders have extensive experience in email marketing, having worked in the industry since its inception.

SCGP: How does your service accomplish Canspam compliance?

Mr. O'Brien:
We offer two levels of service:
Level One called the Suppression List Management Service (SLMS) deals mainly with the opt out portion of the Can-Spam Act of 2003.

In the past it was a best practice for the publishers (list owners) to unsubscribe recipients from their lists, I use the word "best practice" because it was not law. Now there is a law and it calls for the advertiser to manage their own unsubscribe list and honor it. If they do not the penalties are large.

We help the advertisers mange their unsubscribe list with an easy to use tool. This tool allows the advertisers to:

  • -Enter their publishers into our system allowing the publishers to securely download the advertisers suppression list and the unsubscribe link.
  • -Keep their list from being misused by way of our seed security system.
  • -Keep an auditable trail of which publisher has downloaded and when.

Level Two called the Campaign Compliance & Tracking Service (CCTS) deals with all the advertiser's responsibilities in staying compliant with the law. Each campaign is reviewed by one of our CAN-SPAM account executives for compliance before each campaign launch. Some of the areas we review are:

  • -Check unsubscribe link to ensure they are properly implemented into the campaign
  • -Check physical address to ensure they are in the campaign
  • -Check the subject lines to ensure they are the same as the advertiser requested (Make sure they are not misleading)
  • -Check the from lines to ensure they are the same as the advertiser requested (Make sure that it distinguishes the sender)
  • -Check the header of the email to make sure it is legitimate.

The second level of service ensures that your campaign is in compliance with all these parts of the new act.

SCGP: Is your list opt-in or double opt-in?

Mr. O'Brien:
N/A.

SCGP: What makes your service better than the rest?

Mr. O'Brien:
We are specialized in what we do. Email CAN-SPAM Compliance is all we do and we do it well.
Some unique points of our service are:

  • -Seed security system - this seeds every list that is downloaded so if there is misuse of any advertisers list we can track it back to the publisher and stop the list from being used and allows us to have a digital trail that helps us peruse the matter further.
  • -Hardware redundancy in multiple locations. If for any reason one location goes down we have a mirrored location to ensure we have 100% uptime to avoid any loss of data.
  • -Security in each location both physical and firewall. Each location has a dedicated hardware firewall to secure the data we store for our clients.
  • -Reporting allows the advertiser to distinguish between a poorly performing list and a good list by using our unsubscribe reporting. The reporting allows you to drill into your unsubscribe database to see which publishers are bringing you unsubscribes and from which domains the unsubscribe came from.

For instance if you have Publisher XYZ send a campaign for you and you see that there was no unsubscribes from AOL.com you now know that the publisher is not able to send to AOL.

SCGP: How successful is your service in helping someone achieve their marketing goals?

Mr. O'Brien:
This service helps one achieve your marketing goals by reducing internal cost and offsetting liability.

The cost saving is a no-brainer. If a company were to hire someone to manage the unsubscribe list and compliance it would cost a minimum of $25,000 a year. Our service starts at $250 per month that's just $3,000 per year.

Offsetting liability is where you really benefit. If a company were to take this in-house they assume liability for the system they implement. If they lose any of the unsubscribed email addresses and one of them happened to be a person who pursues the breach of law it could cost up to $2 million dollars.

We are here to offset the liability by offering a service that we specialize in and have the systems in place to ensure that a situation like the one described above does not happen.

SCGP: Why is your service better than email lists, or better than the other marketing services out there? ( if you are a list provider, then switch this question around ie. why is your list better than using an email service etc.)

Mr. O'Brien:
We are specialized as above.

SCGP: Have you had any canspam complaints?

Mr. O'Brien:
NO.

For further reading and to check on CAN-SPAM Compliance Company LLC services, just drop by and see what they have to offer. Tell Carrie we said hello, and send our appologies that this article was posted a bit later than anticipated.

Company Listing - Click A Link To Read Their Interview Page

Other Legal Articles:

Related E-Book Downloads

By James R. Sanders
March 01, 2004

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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 to his free newsletters at SCGP - Newsletter and become a member of the SCGP Portal. If you like SCGP content and would like to use it on your site, then check out our content agreement and terms of use. Use our articles on your site without the hassles of writing your own content. Get back to the things you could use your time better for, like site promotion.

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This page last updated: Wednesday, October 19, 2005 11:39 AM EST



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