SPAM is defined as any email message the primary purpose of which is the commercial advertisement/promotion of a commercial product or service. This is certainly not to be confused with SPAM, the Hormel spiced ham in a can.
The CAN-SPAM Act of 2003 (AKA Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003) established the first standards for the sending of commercial email and named the Federal Trade Commission as the agency that would enforce this act. The act requires unsolicited emails to contain all of the following:
• An opt-out mechanism that allows the recipient to ask you not to send future emails.
• A valid subject line and routing information
• A physical postal address of the mailer: and
• If the email contains adult content then a label must indicate such.
The Federal Government recently cracked down on seven companies who have been accused of hiring outside sources to send illegal emails containing pornographic messages, some of which were sent to unsuspecting children. The government reports that four of the seven companies under investigation have agreed to pay nearly $1.2 million to settle charges against them. These companies include BangBros.com Inc., MD Media, APC Entertainment Inc. and Pure Marketing Solutions LLC. The Federal Trade Commission has stated that the emails involved did not comply with the CAN-SPAM Act () because they were not marked “sexually explicit”, they did not contain an opt-out mechanism and did not include a physical postal address of the mailer.
It seems like I am always receiving these types of unwanted emails but have never really inspected them to make sure they are complying with the CAN-SPAM Act. If you do find an unsolicited email that does not contain all requirements listed above you will want to forward it spam@uce.gov, an email address set up by the FTC. The reason that the seven companies are now in hot water is because people forwarded the illegal emails to the FTC.
If you are a company or individual accused of violating the CAN-SPAM Act then you will want to speak with legal counsel immediately to preserve your legal rights and assist with your defense.
REMEMBER: Don’t be afraid to send suspicious and non-conforming SPAM (only email, not the ham) to the Federal Government (although they might appreciate the spicy canned version). The appropriate email address is listed above.
By Lisa Zanassi
Comments