7/21/2005

Suggested Steps for CAN-SPAM Compliance

"Several steps can be taken to enhance compliance with the [CAN-SPAM] Act and other spam laws:

First and foremost, perform a self-assessment of your company's practices with respect to e-mails...
Include an easy and obvious opt-out mechanism for the e-mail recipient...
Maintain records of opt-out requests...
Comply with opt-out requests within 10 business days...
Make sure that any third parties that market your products are aware of and also comply with the Act...
If appropriate for your company, include affirmative consent language, in a clear and conspicuous manner on your website...
Your e-mail message should clearly identify your company as the sender of the message...
Be clear about the nature of your message—use accurate subject headings... and use the ADV...label at the beginning of the subject line of the message. (For sexually explicit materials...comply with the requirements of 16 C.F.R. sec. 316)
Do not provide your e-mail address list to third parties (including an affiliated entity if its line of business is not similar to yours) without at least giving notice to (and preferably getting the consent of) the e-mail address holders and the opportunity to opt-out, and confirming that the sharing of such information is legally allowed and in compliance with your privacy statements.
Include in the e-mail message your company's physical address.
Include in the e-mail message a link to your company's privacy policy."

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