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The CAN SPAM Quiz!

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(Always consult with your legal counsel for advice, we are not attorneys)
True or False

Q1: It can be a violation of the CAN SPAM act to send one commercial email to a prospect.


Q2: Your brand or company may be in violation if an affiliate sends out a commercial email on your behalf to addresses that have opted out of your list.


Q3: There is a grace period for the CAN SPAM ACT.


Q4: You can be sued by an ISP or provider of internet access service.



Q5: Organizations like not for profit corporations or individual entrepreneurs are exempt.

Q6: The CAN SPAM ACT is complex legislation that affects everyone sending commercial email. Provisions for fines in the millions of dollars and even jail time are included in the act. eMarketers need to become familiar with the provisions of this legislation to ensure compliance.

ANSWERS:

1. TRUE - CAN SPAM does not put any minimum on how many emails need to be included in a broadcast, even one single email sent to one email address is covered by the act.

2. TRUE - The ACT requires an opt out in all commercial email. If anyone clicks that opt out, they have to be suppressed from all emails "from" the product or service brand that the initial message was "about" - in other words, it is not enough that you remove the name from your own list. Under the law you must ensure that no promotional messages are sent via email about the product or service from any source (newsletters with content and multiple advertisers are excluded) to the opt-out address.

3. FALSE - There is no "grace period", the government wanted to act fast and the law is currently in effect since January 1, 2004.

4. TRUE - The law is clear that an ISP can file a lawsuit against you, and it is possible that any organization that provides internet access (for example, a company network), may be able to sue you.

5. FALSE - No organizations are exempt. If you send commercial email you have to comply.

6. TRUE - For more detailed information see below

For more information about the CAN SPAM ACT, attend our Annual Conference

Or sign up for our eMail Marketing eCourse here:
http://www.emarketingassociation.com/ecourse.htm

or check out our spam resources at:
http://www.emarketingassociation.com/spam.htm