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Please read the following important information about
new federal laws regarding commercial email, and how they affect
you.
A new anti-spam federal law was adopted by the United
States. The CAN-SPAM
ACT of 2003 took effect on January 1, 2005 and overrides the
existing anti-spam laws in thirty-six states.
The CAN-SPAM ACT
is significant because it provides definitions - and appropriate penalties
- for misleading commercial email communications. This legislation makes
it illegal for spammers to send misleading emails, while making it easier
for legitimate email marketers to comply with a single set of laws.
What this means for you:
For example, the law stipulates that all commercial email:
- Must not present misleading information in the From field
or header information. Constant Contact sets your header information
for you, and allows you to send using your own, validated email
address.
- Must include a link for (and, of course, honor) unsubscribe
requests. Constant Contact automatically adds an unsubscribe link
to every email sent and manages the unsubscribe requests for
you.
- Must conspicuously state that all commercial, promotional
mail is an advertisement, unless all recipients have opted
in. As a Constant Contact user, you are already using permission-based
lists. Subscription tools and intelligent list filters help
you ensure your lists are strictly opt-in.
Your Physical Address Is Now Required in all Campaigns.
The most significant change to you is that this new legislation requires that
you include a valid, physical mailing address in all email campaigns. It is
your responsibility to include a postal address in your campaigns. 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.
Best Practices are More Relevant than Ever
As the permission-based industry matures, best practices like using a
recognizable "From" name
and a straightforward subject line are more applicable than ever.
Stay tuned. We promise to keep you abreast of the news and advice you
need to be a responsible email marketer, and to provide you with the
tools to make permission-based marketing easy.
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