Articles
The Low-Down on Email Spam
By Ruth Maugeri
When is email marketing considered spam?
The question was recently asked of our staff and the answer isn’t simple. Let’s first say that we aren’t attorneys and cannot advise anyone of the legalities of sending email blasts.
We’ve all been victims of spam, receiving countless numbers of unsolicited emails that fill our mailboxes daily. So, a simple rule to follow is — don’t send informational email to anyone who hasn’t requested it or who isn’t a client. One sure-fire way to guarantee your message will be welcome is by including a “Join our Mailing List” option on your website. This will ensure your mailing list is comprised of those who have “opted-in” to receive your information. Additionally, be sure to include a privacy policy on your website and always allow an easy way for someone to be removed from your mailing list. (See our “Remove Me” option at the bottom of this newsletter.)
An exception to this rule of thumb is the purchase of “opt-in” mailing lists from third parties; these are lists of people who have requested information on specific subjects. Remember, these folks should also be given the option to be removed from your list.
To get the real skinny on spam laws, speak to your attorney or visit any number of websites that have more information. Be aware that there are Federal Spam Laws as well as those specific to many states.
Here’s a summary of the Federal Law from the spamlaws.com website:
CAN-SPAM Act of 2003 (S. 877)
“The Controlling the Assault of Non-Solicited Pornography and Marketing Act requires unsolicited commercial e-mail messages to be labeled (though not by a standard method) and to include opt-out instructions and the sender’s physical address. It prohibits the use of deceptive subject lines and false headers in such messages.
The FTC is authorized (but not required) to establish a ‘do-not-email’ registry. State laws that require labels on unsolicited commercial e-mail or prohibit such messages entirely are pre-empted, although provisions merely addressing falsity and deception would remain in place. The CAN-SPAM Act takes effect on January 1, 2004.
The CAN-SPAM Act of 2003 was introduced by Senators Conrad R. Burns (R-MT) and Ron Wyden (D-OR) in April 2003, with minor changes from the previous year’s version, S. 630 (2002). Two other bills (S. 1231 and S. 1293) were subsequently merged into it. The final version was approved by the Senate in November 2003 and by the House of Representatives in December 2003, and was signed into law by President Bush on December 16, 2003.”
