Can Spam Act
CAN-SPAM Law: A Brief History
CAN-SPAM Law is a shortened version of the name of Public Law No. 108-187, which was signed into Law by President George W. Bush on December 16, 2003. The full name of the Law and bill was Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003. Of course, the name was also a play on the fact that unsolicited and unwanted email is typically referred to as "spam." The Law gives the U.S. Federal Trade Commission the right to enforce the standards of the law (which we'll discuss in detail below). You may think, based on the amount of unwanted and unsolicited email that you receive daily, that the Law is not particularly effective. However, as a sender of email, you are still governed by it. If the proper complaints are filed against you and you are found to be in violation of CAN-SPAM Law, then you are subject to large fines. Fortunately, being in compliance of CAN-SPAM Law is quite simply if you follow a few basic rules.
What Type of Email Sending Does CAN-SPAM Law Cover?
It's also misleading to think that CAN-SPAM Law only applies to large bulk email sends. CAN-SPAM Law covers all commercial email messages. What does that mean? According to the wording of the Law, it means "any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service." That includes email that promotes content on a commercial website, so if your website makes any money at all and your email links back to it, you are liable under CAN-SPAM Law.
What Are the CAN-SPAM Law Fines?
Each separate email in violation of CAN-SPAM Law is liable for a fine of up to $16,000.
How Do I Make Sure that I'm CAN-SPAM Law Compliant?
There is good news. It's very easy to be CAN-SPAM Law complaint. Here are the steps that you need to follow.
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