Do Not Spam:

The FCC has (as of January 1, 2004) enacted the CAN-SPAM act, and for most people it doesn't mean anything. But for businesses that send out mass emails, it means a lot!

We are bringing more information to the web, and need to keep the CAN-SPAM act in mind so that we do not get fined (or worse).

The CAN-SPAM act was created to curb the amount of Spam that most people receive, the jury is still out on whether it is helping to reduce the amount of Spam the average person receives (Spam levels are still rising).

The CAN-SPAM rules apply to email letters/newsletters/notifications and the such. The only thing at the moment that I am aware of that that the City of Canton does that would fall into those categories is the email notification sent out by the Canton Memorial Civic Center on a semi-regular basis to inform of upcoming events.

Here are some things that these mass mailings need to comply with to be CAN-SPAM friendly:

  • Accurate header information, do not falsify the header information of the email you send.
  • A Reply-To email address that is active (and checked) for at least 30 days after the mailing, and that a person can use to be removed from the mailing list.
  • If the Reply-To address cannot be used to have a person opt-out of future mailings: have an Internet based mechanism to opt-out, clearly and conspicuously displayed
  • A physical mailing address, and NOT a P.O. Box.
  • A clear and easy way for the recipients to opt-out of future mailings.
  • The subject line must not be misleading or deceptive, and state in some way that the message is an advertisement or commercial in nature.
  • You must honor opt-out requests.
  • Centralize your contact database: if the recipient opts-out of mailings from part of your company, they expect the whole company to honor that request.

If you receive an opt-out request, you must stop sending email to the requesting account within 10 business days. You also must not sell or lease email addresses of those who opt-out of your mailings without their consent.

Certain email is exempted from the CAN-SPAM regulations. Such as email that is transactional in nature, or that is a "relationship" message, may not be covered. This includes, sales receipts, announcements of product bug patches, change of membership login information, etc. Still, to be safe, it may be best to make sure all of your email communication is compliant. CAN-SPAM is vague about the rules as they apply to existing and inactive business relationships, and when such relationships end.

Other good practices:

  • Have the recipient opt-in to receive the mailings. Make them have to click a box or radio button on an on-line form to affirm that they want to receive the mailings.
  • Before you send a mailing out, check to make sure all of the current opt-out requests have been honored.

Following these guidelines will not only save you from fines, shutdown of your Web site, and even jail time. It will also help you keep a good working relationship with the public, by keeping their trust.

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