CAN SPAM Act: Requirements for Commercial Emailers

The modern computer age has brought with it a new world of communication. With e-mail, instant messaging, and the availability of a world of information through the Internet, computer users can enjoy all the advantages of this technology. Yet, with all the good, there is also some bad.

Merchants of various products took advantage of the fact that e-mail addresses can be acquired easily, and began bombarding inboxes with unwanted e-mail promoting products as diverse as DVDs to medication that is not talked about in mixed company. Because of the unwanted e-mail, consumers began to complain to the federal government which eventually led to the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 or CAN SPAM Act.

While the CAN SPAM Act, which went into effect on January 1, 2004, has not been a complete success, it has helped define what spam is, gave non-spammers guidelines to follow the regulation, and provided the government with penalties which can be imposed on spammers. Unfortunately, while it has taken a few spammers out of the game by arresting and/or fining them, in the past five years the amount of spam sent has increased from 15 billion spam messages sent every day to over 164 billion spam messages sent every day!

Under the law, e-mail marketers are required to follow certain rules. They include:

• Recipients of the e-mail must opt-in to receive the e-mail
• On every e-mail sent, you must include a way to unsubscribe from future e-mails
• Can’t use misleading subject line
• A physical address of the sender must be included
• No sexually oriented material can be sent

For a complete list of requirements, click here.

With the large increases in the number of spam e-mails sent daily, the Act unfortunately has not been a deterrent to spammers. Most e-discovery solution providers have done everything they can to prevent this spam. Under the CAN SPAM Act penalties, repeat offenders and spammers that commit fraudulent activities could face prison time of up to 3 to 5 years. Other violators of the law can face fines of up to actual damages, or statutory damages and fines of $250 per violation, with each unlawful message to each recipient being a separate violation. The statutory damages can reach as high as $2 million.

What can you do if you receive a spam message? If you believe the e-mail message is an attempt to defraud you, the Federal Trade suggests sending it to them to review. Many spammers are also criminals that send e-mails as "phishing" attempts to get unsuspecting consumers to give personal financial information, which can be used by criminals to steal money from the consumers. Billions of dollars each year are lost to criminals by phishing scams.

For more information on how the CAN SPAM Act is helping to protect you from receiving unwanted e-mail solicitations, visit the following websites:

FTC requirements for commercial e-mailers

Spamlaws.com CAN SPAM Act info

FCC consumer facts on CAN SPAM

Cell phone spam

CNN story on CAN SPAM

Direct Marketing Association anti-spam resources