Understanding email spam laws

If you’re involved in marketing, you are hopefully very much aware of the CAN-SPAM law.

ExactTarget has released a helpful whitepaper (pdf) to familiarize marketers with updated clauses to the CAN-SPAM Act, which go into effect July 7, 2008. It includes best practices and pitfalls to avoid to ensure compliance with the law.

The CAN-SPAM Act applies to commercial email and requires the following:

  • That all email contains a clear, valid, opt-out mechanism. The opt-out cannot demand a password, or any other email beyond the person’s email, to unsubscribe.
  • Opt-outs must be honored within 30 days.
  • Unsolicited emails must be clearly marked as advertisements.
  • Sexually-oriented messages must be labeled with “SEXUALLY-EXPLICIT” in the subject line.
  • No false, deceptive, or misleading email transmission information or subjects.
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