Email Marketing Law (USA)

On January 1, 2004 the CAN-SPAM Act of 2003 became law in the USA. This law supersedes individual laws of the 36 states and takes an opt-out approach (rather than requiring marketers to get explicit permission prior to mailing).

Requirements:

1. You must include an easy and working opt-out mechanism. The opt-out mechanism must be active for at least 30 days following the transmission of the message.

2. Opt-out requests must be processed within 10 days (including those that may come through non-traditional means).

3. You must include a physical postal address in the body of your email (Note: PO Boxes are probably *not* adequate).

4. You must not use deceptive or misleading subject lines.

5. You must not falsify or use invalid headers (this includes the "To" and "From" lines, and all routing information).

6. If the message is *not* opt-in, you must include a clear notice that the message is an advertisement or solicitation.

7. You may not sell, exchange or otherwise transfer the email address of any recipient who has made an opt-out request.

Notes:
i) Emails sent with the affirmative consent of the recipient do not need to include any identification that the message is an advertisement or solicitation. "Affirmative consent" is where the recipient has made an active choice to receive commercial emails (note that pre-checked subscribe boxes are passive choices).

ii) Transactional or relationship messages may not falsify email header/routing information, but are otherwise exempt from the notification, postal address and opt-out requirements above. A "transactional or relationship message" is an email message that is intended to "facilitate, complete or confirm a commercial transaction that the recipient has previously agreed to enter into with the sender." (eg. order confirmations, product recall announcements, etc)

Disclaimer: This guide is intended to serve as general guidance only and should not be regarded as legal advice. Readers should take independent legal advice on specific issues concerning current legislation before placing any reliance on this guide.

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