Questions & Answers

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

Just follow these simple requirements: 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 initiated the message. 2. Don’t use...

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 entire deployment team? Answer: the entire company in charge...

What does "Procure" mean, according to 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 do something wrong. For more information, see...

What if the Email has several Advertised Products/Services from Different Businesses?

If an email advertises goods, services, or websites of more than one business, the law allows the advertisers (whose goods, services, or websites are advertised or promoted in the email) to designate one of the advertisers as the “sender” for purposes of complying with the Act as long as the “...

What if the email includes information from more than one company? Who is the “sender” responsible for CAN-SPAM compliance?

If an email advertises or promotes the goods, services, or websites of more than one marketer, there’s a straightforward method for determining who’s responsible for the duties the CAN-SPAM Act imposes on “senders” of commercial email. Marketers whose goods, services, or websites are advertised or...

What if the Message Combines a Commercial Message with “Other” Content?

If a recipient reasonably interpreting the subject line would likely conclude that the message advertises or promotes a product or service; and a recipient reasonably interpreting the body of the message would likely conclude that the primary purpose of the message is to advertise or promote a...

What if the Message Combines Commercial and Transactional or Relationship Content?

It’s common for emails sent by businesses to mix commercial and transactional/relationship content. When an email contains both kinds of content, the “primary purpose” of the message is the deciding factor. If a recipient reasonably interpreting the message believes that it is an advertisement for...

What if the Message Combines Commercial and Transactional or Relationship Content?

What is allowed in the “From” Line in a commercial email?

The from line must contained the name of the person or entity whose products and services are being advertised in the email; or the domain name of the person or entity whose products and services are being advertised in the email and such domain must be openly registered; and an openly accurately...

What is Confirmed Opt-In Data?

A “confirmed (closed loop) opt-in” means that following an opt-in request, a confirmation email is subsequently sent to the person notifying him that some action is necessary before their email address will be added to the list which will be transferred to a third party for commercial use. The...

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