The CAN-SPAM (Controlling the Assault of Non-Solicited Pornography and Marketing) Act of 2003 is legislation recently passed by Congress aimed at preventing SPAM by prohibiting senders of unsolicited commercial e-mail from disguising their identities by using a false return address or misleading subject line. The Act also bars senders from harvesting addresses off of websites and requires these e-mails to allow recipients (via an “Unsubscribe” option) to indicate that they do not want future mass mailings. President Bush signed this Act into law on December 16, 2003, which will go into effect January 1, 2004.
For marketers, the most challenging requirement of the new CAN-SPAM Act will be the maintenance of an “Unsubscribe” list of email addresses. Under the CAN-SPAM Act, any time that emails are sent by your company or on your behalf, all unsubscribed email addresses must be removed from your list. If, like most marketers, you have many companies who send emails on your behalf, you will be required to coordinate with all companies to ensure that an unsubscribed user is never emailed to again. This can quickly become a labor-intensive, costly and risky enterprise.
CAN-SPAM Compliance Company LLC will Act as a central depository for your “Unsubscribe” list, constantly keeping the list updated (in real-time) and managing and coordinating your list for all of your email efforts – whether sent direct from your company or via one of your email subcontractors. At every step, we will help your company comply with the CAN-SPAM Act – taking the burden off of your staff and helping your company protect itself from the risks and expense involved with non-compliance, which can include fines in excess of $2 million dollars.
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