The
Can-Spam Act Of 2003, What You Need To Know.
I
avoided writing about Spam or junk emails before
because there weren't any real controls or anti-Spam
laws to keep Spammers in check.
Pretty
much every ISP, every company and you and I, did what was in our
power to control it... Spam filters, block sender lists and above
all making sure that we kept up with your email inbox before it
would overflow.
But
as of January 1, 2004 there is a way to keep Spammers
in check...it's called The Can-Spam Act of 2003.
But before we go into how it affects you and me,
let's define what Spam is and why some emails are
called Spam.
|
Spam,
has two meanings the first the popular pink lunch meat in a
can form Hormel
Foods, Co. Second (the pertinent one) Spam is an unsolicited
e-mail, often of a commercial nature, sent indiscriminately
to multiple mailing lists, individuals, or newsgroups; junk
e-mail, The American Heritage® Dictionary. A.k.a,
Unsolicited Commercial Email (UCE). |
Spam,
has two meanings the first the popular pink lunch meat in a can
form Hormel Foods, Co. Second (the pertinent one) Spam is an unsolicited
e-mail, often of a commercial nature, sent indiscriminately to multiple
mailing lists, individuals, or newsgroups; junk e-mail,
The American Heritage® Dictionary. A.k.a, Unsolicited Commercial
Email (UCE).
The term Spam
used in the context of email comes from a comedy skit from the British
funny team, Monty Python. In the skit, everything in this restaurant's
menu came with Spam -- even if the customer just wanted eggs, they
came with Spam.
The
loose analogy is that Spam is everywhere. If you want email it comes
with Spam. That makes a lot of sense...sure it does...I said it
was a loose analogy.
Regardless
of whether the analogy makes sense or not, Spam is annoying,
time consuming and costly. It takes up bandwidth and memory
space in your inbox.
Now
that we've talked about the brief history of Spam, let's
talk about getting rid of it!
What
the national Can-Spam Act of 2004 is requiring
from anyone who sends commercial or promotional emails is
that they include the following in the messages:
Postal
address
| All
emails sent must include the sender's postal address. However
it's not clear whether a PO Box address is enough or if you
have to have a "real" physical address. But it's got
to be a postal address. |
The
"From Line" and "Subject Lines"
One
of the act's main objectives is to eliminate deceptive and tricky
subject lines. The "subject" line and the "from"
line must be truthful and clearly reflect the content of the
message. So, no more "Osama Bin Laden has been found"
messages...unless, of course he has been found.
The sender's "from" line
must contain real and verifiable or "live person"
address. Meaning not a computer-generated fake address, were
replies go nowhere, like Spammers have. |
Subscription
and Unsubscription
| Every
commercial message sent has to have clear and working unsubscription
instructions/processes. Document new subscriptions and use double
opt-in subscriptions where people must reply to a confirmation
email before they can be added to your list. |
Suppression
File
| The
Can-Spam Act requires that mailers maintain a list where all
the contacts that have unsubscribed from previous mailings are
held. The idea is that you use this list to maintain a record
of all the people who have unsubscribed in the past so you don't
send them a commercial email again. |
Fines
|
There
is a $250 fine for every unsubscribed email contact to whom
you send an unsolicited commercial email to. |
If
your are involved in any type of email marketing whatsoever
follow the guidelines above and set time apart to read
the complete Can-Spam
Act of 2003.
|
Bottom
Line:
Respect and relevance -- the golden rule. Make
sure that you respect your prospects, clients and readers. Don't
send them stuff they don't want. Nothing gets sold that way!
Make
sure that what you send them adds value to
their lives - makes them more knowledgeable, efficient, saves
them money or entertains them. But make sure it's relevant
to their interests and needs. |
|
This should keep you and me out of trouble!
The
article above is my summary of the main points of the Can-Spam Act
of 2003; it is my sincere attempt to help non-marketers/marketers
and business owners protect themselves and their companies from
what's out there.
By
no means am I a lawyer or is this legal advice, I suggest
you talk to your legal advisor and review what you are doing in
this aspect.
I welcome any questions in this matter, just reply with
them and I will try to answer them to the best of my limited
knowledge -- and yes it is limited indeed!
Please forward this article to anyone you know
that might be affected by the new laws.
See you next month!
Marcos and Group - making eNewsletters that follow
the rules!
P.S. Don't forget to rate this article.
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