November 2010, Auto Dealer Today - WebXclusive
(Controlling the Assault of non-Solicited Pornography and Marketing Act)
“The CAN-SPAM Act, a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have you stop emailing them, and spells out tough penalties for violations … It covers all commercial messages, which the law defines as ‘any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service,’ including email that promotes content on commercial websites.”
The CAN-SPAM Act includes seven main requirements:
1. Don’t use false or misleading header information.
2. Don’t use deceptive subject lines.
3. Identify the message as an ad.
4. Include your valid physical postal address.
5. Tell recipients how to opt out of receiving future email from you.
6. Honor opt-out requests promptly (within 10 business days).
7. Monitor what others are doing on your behalf.
Penalties for non-compliance: “Each separate email in violation of the law is subject to penalties of up to $16,000, and more than one person may be held responsible for violations. For example, both the company whose product is promoted in the message and the company that originated the message may be legally responsible.”
Please note: This is not legal advice and dealers should always seek the assistance of qualified legal counsel.
From "19 Laws, Rules and Regulations That Can Cost You More Than Money" in the September 2010 issue of Auto Dealer Monthly.