President Bush Signs Anti-Spam Law
To take effect Jan. 1

President George W. Bush pauses before signing The CAN-SPAM Act of 2003.

The new federal law will supplant tougher anti-spam regulations passed by several US states, including a strict Californian law that was due to take effect at the beginning of 2004.

 

This legislation makes it illegal for anyone to send misleading emails, while making it easier for legitimate email marketers to comply with a single set of laws. As a Superesponder user, you are already in compliance with most of the federal law.

The law appears to allow companies to send one unsolicited e-mail, but that e-mail must meet all the other criteria stated below. However, once an e-mail recipient tells the sender not to send further unsolicited e-mail, senders are obliged to comply.

Aside from requiring specific information in the body of an e-mail message, CAN-SPAM covers how e-mail addresses may be collected and who may be held responsible for sending commercial e-mail to a user who has requested to be removed from a list.

For example, the law stipulates that all commercial email:

• The e-mail message must have correct header information. (Superesponder creates your header information in your emails automatically, and allows you to send using your own, personal email address.)
• The message must have an accurate subject line.
• The message must contain a functioning return e-mail address.
• Senders must not send e-mail more than 10 business days after receiving a request to be removed from a mailing list.
• Commercial e-mail must contain a clear identification that the message is an advertisement, must contain a conspicuous notice of opportunity to decline further e-mail and must display the physical postal address of the sender. (Superesponder automatically adds a unsubscribe link to every email sent and also manages the unsubscribe requests automatically for you.)

The most significant change to you is that this new legislation requires that you include a valid, physical mailing address in all emails. While Superesponder helps you automate much of your email marketing, it is your responsibility to include a postal address in your emails. According to the CAN-SPAM ACT the federal government is empowered to enforce the law. Failure to comply could result in fines and possible imprisonment.

We will keep you up to date as best we can of the news and advice you need to be a responsible email marketer, and continue to provide you with the tools to make your email marketing as simple as possible. The Federal Trade Commission can make rules under CAN-SPAM, and you should watch for the FTC report mandated by the CAN-SPAM Act regarding the creation of a national do-not-e-mail registry. The initial plan must be given to the U.S. Senate and House of Representatives by July, although many experts think the creation of the do-not-e-mail list faces serious legal hurdles.

Learn about our Custom Campaign Services that can bring you a high ROI. Rest assured that with our system and knowledge of email marketing the Superesponder Marketing System is the right choice for your emailing needs.

This page is not to be used in place of qualified legal counsel. The CAN-SPAM Act of 2003 is available HERE. Superesponder is not responsible for errors or omissions. Use the information on this page at your own risk.