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CAN-SPAM

What is the meaning of CAN-SPAM?

CAN-SPAM means Controlling the Assault of Non-Solicited Pornography and Marketing Act. It was enacted in 2003 to regulate commercial email in the United States. The legislation enforces a few comprehensive requirements on entities and individuals initiating and sending commercial email messages. CAN-SPAM violations come with fines.

When is the CAN-SPAM applicable?

Every business sending commercial emails or hire the services of third-party email companies to send emails on their behalf are expected to comply with the CAN-SPAM.

It applies to both bulk email and all forms of commercial messages, provided they fall under the definition of the law – “any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service.” Emails promoting content on commercial websites also fall into this category.

Is CAN-SPAM applicable to all types of email?

While there are no exemptions for business-to-business emails, the law provides an exception for relationship and transactional messages.

What activities are prohibited under the CAN-SPAM Act?

Although email advertising is allowed under the CAN-SPAM Act, specific fraudulent email advertising practices are prohibited. These include the use of misleading or false identity information (“From,” “To,” and “Reply to”) and misleading subject lines.

The FTC’s CAN-SPAM Act also waives the need for consent before senders can add US recipients to their mailing list or send them commercial messages. But it is obligatory to offer users a straightforward method of opting out whenever they want to.

What are the primary requirements of the CAN-SPAM Act?

The CAN-SPAM Act stipulates that email advertisers must:

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