Article

CAN-SPAM Act

November 2010, Auto Dealer Today - WebXclusive

by Jennifer Murphy Bloodworth - Also by this author

(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.”

Helpful link(s)/Source(s): 
www.ftc.gov/bcp/edu/pubs/business/ecommerce/bus61.shtm

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.

Your Comment

Please note that comments may be moderated. 
Leave this field empty:
Your Name:  
Your Email:  

Blog

On-the-Point

Jim Ziegler
All Things Must Pass

By Jim Ziegler
Ziegler mourns the loss of Gregg Allman as Ford and Hyundai shake up their leadership teams and Carvana struggles to stay afloat.

Join the Battle of Jericho

By Jim Ziegler
Ziegler has harsh words for the so-called geniuses behind escalating factory incentives, political support for autonomous vehicles, AutoNation's 'millennial-friendly' pay plan, and the Carvana IPO.

Don't Run, We Are Your Friends!

By Jim Ziegler

The Future Ain't What It's Cracked Up to Be

By Jim Ziegler

Opening Observations

Over the Curb