How you build and use your email list involves the federal CAN-SPAM Act of 2003 (CAN-SPAM). CAN-SPAM applies to essentially all businesses in the United States which send commercial email, which is defined as any email message “the primary purpose of which is the commercial advertisement or promotion of a commercial product or service (including content on an Internet website operated for a commercial purpose)”.Nearly any business email is covered by CAN-SPAM, including email newsletters as well as standalone promotional emails.CAN-SPAM’s Regulatory ImpactSpecifically, CAN-SPAM prohibits:* false and misleading header information - your email “From,” “To,” and routing information - including the originating domain name and email address - must be accurate and identify the person who initiated the email; and* deceptive subject lines - your subject line cannot mislead the recipient about the contents or subject matter of the message.In addition to the foregoing prohibitions, CAN-SPAM imposes these requirements:* a functioning email unsubscribe system or reply address that operates for at least 30 days after the last emailing; and* a system for obtaining “prior affirmative assent” from the email recipient if your client desires not to include in each email the client’s postal address and a clear […]

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