All Bulk Email Sender Understanding Spamming Laws

There are two laws pertaining to spamming which all the bulk email sender should be aware of, if they are sending email marketing messages to or within the USA.

One is a federal law applicable to the whole country which was passed in 2003.It is popularly known as The CAN SPAM Act – 2003.

The other one is a state law pertaining to emails sent to or within California, passed in 2012.bulk email sender

The Two Acts Of Bulk Email Sending

The CAN SPAM Act 2003:

  • CAN SPAM stands for Controlling the Assault of Non Solicited Pornography And Marketing.
  • Its provisions are:
    • Misleading or false information not to be used anywhere in the header or subject.
    • Complete information of the sender, recipient and the domain must be mentioned.
    • There should be a provision of opting-out of receiving emails for the recipient and it should be active for atleast 30 days from when the email is sent.
    • Transfer of email addresses to other lists is prohibited.
    • The physical address of the sender should be provided on the email and it must be labeled as an advertisement if it is for commercial purposes.

The California state Spam Law – 2012

  • This law is more particular than the country wide federal law.
  • It is more specific to the state of California and is more stringent and limiting than the CAN-SPAM law.
  • According to this law, there is no obligation for the sender to include an opt-out link in the email, But if anyone receives an email which he or she has not opted in for, they can directly sue the sender for about a $1000 for an email, without even having to request and wait for an opt-out.
  • Also the bulk email senders cannot furnish any wrong information of the customer in the email.If they do so, they are not complying with the Consumer Legal Remedies Act.
  • To be on the safe side, generally bulk email senders go for a double opt-in method and avoid spamming.
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