Are You Guilty of Sending Spam Email? - By: jhcesi

The Act establishes the requirements for sending commercial messages and gives the recipients the right to opt-out and spells out the tough penalties for violations. Spam is defined as any electronic mail message sent for the primary purpose of advertising a business, service, or product. The Act does not distinguish or isolate business-to-business email from business-to-persons, or, present from past customers.

Each violation is subject to penalties up to $16,000 and possible imprisonment. I repeat that because it is important and I want to get your attention.

There are three primary types of email, commercial, transactional, and personal. Commercial, is just that and considered spam under the Can-Spam Act. A transactional email would be defined as an order or purchase confirmation, or possibly shipment information. The transactional email may be a follow-up email or an email pertaining to employment. Personal email implies there is a personal or familial relationship between the sender and the recipient and the content is purely personal in nature.

Each commercial email must include true information pertaining to who the email is from, the web domain for the account, and the reply or response address. The message must be identified as an advertisement and the subject line must include a clear description of the purpose of the email. The email must contain valid, clear and accurate information about the sender’s company identity and the physical location of the business or its valid registered mailing address. Each email must have the provision to opt-out from future emails. The opt-out must be presented in a clear and easily understood manner and the option must remain active for 30 days. Once the opt-out is executive by the recipient, the sender must honor the opt-out request within ten days of receipt and at no fee to the recipient.

Transactional email must contain valid, clear and accurate information about the sender’s company identity and the physical location of the business or its valid registered mailing address. Email must include true information pertaining to who the email is from, the web domain for the account, and the reply or response address

The advertising and promotional statements must be true and accurate – not misleading or deceptive. The product, business or service must be as it is promoted. Otherwise, it will be subject to not only the Can-Spam Act penalties but also FTC criminal penalties.

Once the recipient’s opt-out request is submitted to the sender, the recipient’s email address cannot be sold or transferred to any other source that might use it for emailing purposes.

Even if you contract with a marketing company or email service, the ultimate responsibility for compliance rest with the sender.

If an email is sent that serves more than one purpose, the predominant intent of the email, the interpretation of the subject matter, and the preliminary or majority content of the email will determine how the Can-Spam Act will categorize the email. Basically, if it was sent to multiple recipients, and contains little or no transactional or personal information, it will be deemed commercial by the Can-Spam Act.

When an email is sent by joint marketers or businesses and there is no clear distinction as to whom the initiator is, each of the senders will be subject to the Can-Spam Act penalties.

There is also the possibility the recipient could become the sender and be subject to Can-Spam Act penalties. When a recipient receives an email, even a chain-email, that offers money, coupons, discounts, awards, sweepstakes entries, or implied benefits, in exchange for forwarding the message, then the recipient becomes the initiator and subject to penalties. The email is a promotion and subject to the rules pertaining to sending commercial email or spam.

Each separate email violation is subject to penalties up to $16,000. The company making the promotion and the company sending out the notice of the promotion can be held equally liable to the penalties. Certain criminal penalties may also apply which could lead to imprisonment. For example, sending spam email from a computer other than your own, without their permission. Also criminal is when you set up email accounts using false information, relaying or forwarding email through numerous accounts, and harvesting email addresses by electronic means for bulk email purposes.

Any marketing agent you hire to promote your business, product or service should be able to tell you how his email lists were obtained. Random, electronically generated lists are in violation of the Can-Spam Act. Acceptable lists have been assembled using standard opt-in procedures.

There are separate rules governing sexually explicit content email. Essentially, the subject line must identify the email as sexual content and no content can be visible. The body of the email is identified as “brown paper wrapper” because a link must be provided to the content. No sexually explicit graphics or content shall be included in the message.

Why is it important for businesses to understand the Can-Spam Act? Because social networking, email and internet marketing are major marketing tools used and urged today. You will find numerous storefront operations who offer these marketing services. There is an unlimited source of these providers on the internet, for a fee or for free. The buck stops with you and ignorance is no defense when breaking the law.

Whether you hire a marketing firm, do your own marketing, or simply forward an email, answer these questions – Is this commercial email and is it in compliance with the Can-Spam Act? Is it worth paying $16,000 for each violation?

Internet marketing is here to stay. Because it is still in its infant stage, it is debatable as to its success. For some it is simply considered a nuisance. We will have to learn to live with spam, just as we have learned to live with direct mail in our mail boxes. It is the trashcan and landfill or the delete key.

About the Author

As an entrepreneur of 50 years, I do what entrepreneurs do; I listen, learn, and meet needs, by founding businesses. Consequently, in 2001 I founded Columbia County PC Incorporated in Florida, which now has subsidiary operations, the Speakers Showcase, Computer Learning Center, and Seminars@Sea. http://columbiacountypc.org/AbouttheAuthor.aspx

Article Directory Source: http://www.articlerich.com/profile/jhcesi/128830

Additional Articles From - Home | Computers | Spam