|
|
 |
|
|
Econscious adheres to all provisions of the CAN SPAM ACT:
The CAN-SPAM Act: Requirements for Commercial Emailers
The CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited
Pornography and Marketing Act) establishes requirements for those who
send commercial email, spells out penalties for spammers and companies
whose products are advertised in spam if they violate the law, and gives
consumers the right to ask emailers to stop spamming them.
The
law, which became effective January 1, 2004, covers email whose primary
purpose is advertising or promoting a commercial product or service,
including content on a Web site. A "transactional or relationship
message" – email that facilitates an agreed-upon transaction or updates a
customer in an existing business relationship – may not contain false
or misleading routing information, but otherwise is exempt from most
provisions of the CAN-SPAM Act.
The Federal Trade Commission
(FTC), the nation's consumer protection agency, is authorized to enforce
the CAN-SPAM Act. CAN-SPAM also gives the Department of Justice (DOJ)
the authority to enforce its criminal sanctions. Other federal and state
agencies can enforce the law against organizations under their
jurisdiction, and companies that provide Internet access may sue
violators, as well.
What the Law Requires
Here's a rundown of the law's main provisions:
-
It bans false or misleading header information. Your email's "From,"
"To," and routing information – including the originating domain name
and email address – must be accurate and identify the person who
initiated the email.
- It prohibits deceptive subject lines.
The subject line cannot mislead the recipient about the contents or
subject matter of the message.
- It requires that your email
give recipients an opt-out method. You must provide a return email
address or another Internet-based response mechanism that allows a
recipient to ask you not to send future email messages to that email
address, and you must honor the requests. You may create a "menu" of
choices to allow a recipient to opt out of certain types of messages,
but you must include the option to end any commercial messages from the
sender.
Any opt-out mechanism you offer must be able to
process opt-out requests for at least 30 days after you send your
commercial email. When you receive an opt-out request, the law gives you
10 business days to stop sending email to the requestor's email
address. You cannot help another entity send email to that address, or
have another entity send email on your behalf to that address. Finally,
it's illegal for you to sell or transfer the email addresses of people
who choose not to receive your email, even in the form of a mailing
list, unless you transfer the addresses so another entity can comply
with the law. - It requires that commercial email be
identified as an advertisement and include the sender's valid physical
postal address. Your message must contain clear and conspicuous notice
that the message is an advertisement or solicitation and that the
recipient can opt out of receiving more commercial email from you. It
also must include your valid physical postal address.
|
|
 |
|