Questions & Answers

Can you Explain the Unsubscribe Process and What is Needed in a Commercial Email?

Can you Explain the Unsubscribe Process and What is Needed in a Commercial Email? The CAN-SPAM Act of 2003 requires either a return email address or an internet based mechanism to allow a consumer to notify the sender of a commercial email that they do not wish to receive further commercial emails...

Definitions as defined in the CAN-SPAM Act of 2003

Definitions as defined in the CAN-SPAM Act of 2003 15 U.S.C. § 7702 . Definitions. In this chapter: (1) Affirmative consent. The term “affirmative consent”, when used with respect to a commercial electronic mail message, means that (A) the recipient expressly consented to receive the message,...

Does the CAN-SPAM Act Cover Emails my Business is Sending?

Does the CAN-SPAM Act Cover Emails my Business is Sending? It depends upon what the “primary purpose” of the email message is going to be. To determine what the primary purpose of the email is going to be, it is important to remember that an email can contain three different types of information...

How do I Know if my Email is a Transactional or Relationship Message According to the CAN-SPAM Act?

How do I Know if my Email is a Transactional or Relationship Message According to the CAN-SPAM Act? An email is transactional or relationship if it contains only content which: * discusses/confirms a transaction that the recipient already has agreed to; * gives warranty, recall, safety, or security...

What are the Penalties for Violating the CAN-SPAM Act?

What are the Penalties for Violating the CAN-SPAM Act? Each separate email in violation of the Act is subject to penalties of up to $16,000, and more than one person may be held responsible for violations. For example, both the company whose product is promoted in the message and the company that...

What are the Requirements for the Unsubscribe Button in the CAN-SPAM Act?

What are the Requirements for the Unsubscribe Button in the CAN-SPAM Act? Best practices dictate that the unsubscribe mechanism be internet based and be placed as a link at the bottom of the home page and registration page. This allows consumers instant access to remove their personal information...

What are the Seven Basic Requirements for Commercial Emails in the CAN-SPAM Act?

What are the Seven Basic Requirements for Commercial Emails in the CAN-SPAM Act? Valid header (“to/from”) information No deceptive subject headings Clear & conspicuous indication that message is an ad Valid physical postal address for sender Clear & conspicuous notice that recipient may opt...

What are the Simple Requirements to follow according to the CAN-SPAM Act?

What are the Simple Requirements to follow according to the CAN-SPAM Act? 1. Don’t use false or misleading header information. Header information is the “From,” “Reply-To,” routing information, originating domain name and email address. These must accurately identify the person or business who...

What does "Initiate" Mean, according to the CAN-SPAM Act?

What does "Initiate" Mean, according to the CAN-SPAM Act? 1. The party who originates or transmits messages, or “procures” the origination or transmission of commercial email. 2. In other words, CAN-SPAM applies to the “sender.” Who’s the sender? The guy who pushes the “send” button at 2am? The...

What does "Procure" mean in the CAN-SPAM Act?

What does "Procure" mean in the CAN-SPAM Act? 1. The party who intentionally pays or provides other consideration to, or induces, another person to initiate such a message on one’s behalf. 2. In other words, clients who pay us to send commercial email are also liable for CAN-SPAM violations if we...

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