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