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...

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...

How do I know if the CAN-SPAM Act Covers Emails my Business is Sending?

How do I know if the CAN-SPAM Act Covers Emails my Business is Sending? What matters is the “primary purpose” of the message. To determine the primary purpose, remember that an email can contain three different types of information: • Commercial content – which advertises or promotes a commercial...

How do I Know if what I’m Sending is a Transactional or Relationship Message?

How do I Know if what I’m Sending is a Transactional or Relationship Message? The primary purpose of an email is transactional or relationship if it consists only of content that: 1. facilitates or confirms a commercial transaction that the recipient already has agreed to; 2. gives warranty, recall...

Is a Friend Referring a Friend a Type of Promotion Spam?

Is a Friend Referring a Friend a Type of Promotion Spam? Yes. A “friend” cannot grant permission to send a commercial offer to another friend. When you have a friend referring a friend, then you must still meet all the requirements of an unsolicited commercial email. Which means that you must have...

My Company Sends an Email with a link so that Recipients Can Forward the Message to Others. Who is Responsible for the CAN-SPAM Compliance for these “Forward to a Friend” Messages?

My Company Sends an Email with a link so that Recipients Can Forward the Message to Others. Who is Responsible for the CAN-SPAM Compliance for these “Forward to a Friend” Messages? Whether a seller or forwarder is a “sender” or “initiator” depends on the facts. So deciding if the CAN-SPAM Act...

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 Separate Rules that Apply to Sexually Explicit Emails?

What are the Separate Rules that Apply to Sexually Explicit Emails? The FTC has issued a rule under the CAN-SPAM Act that governs these messages. Messages with sexually oriented material must include the warning “SEXUALLY-EXPLICIT:” at the beginning of the subject line. In addition, the rule...

What Constitutes a “True” Newsletter?

What Constitutes a “True” Newsletter? A “true” newsletter is one in which the sender has obtained the consumers express permission to send emails which contain informational articles. Express consent was obtained when the consumer either entered his or her email address into a registration box...

What does Compliance Mean?

What does Compliance Mean? At the simplest level, compliance means that your business model and your marketing material comply with all applicable laws, rules and regulations. To ensure your business and your marketing material comply, you need to create a culture of compliance within your business...

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