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How to stay out of trouble with the CAN-SPAM Act


By Kim Komando

Attention, those of you who send e-mail newsletters to your customers. You just might be in violation of federal law.

The CAN-SPAM Act, signed into law in late 2003, imposes some significant requirements on mass e-mailers. Violations probably won't put you in jail. But if your recipients complain, you could be in for a hassle. And the local newspaper might have some fun with you.

The point of the law is to cut down on spam. Most of the people who send spam are irresponsible and untraceable. So it's unclear exactly how the law will stop them. But it could snag you as an illegal spammer if you're not careful.

Unlike many laws, this one is fairly easy to understand. Some simple changes can keep you out of trouble.

I send more than 3 million e-mail newsletters with tech tips and advice to subscribers weekly. I've had to make changes to my e-mail newsletters to comply with the Act. Here are six things to think about if you use this type of marketing.

1. You cannot use a phony return address. This is called spoofing. It is a favorite trick of spammers, because it makes them hard to trace. When you send out newsletters, you must use a valid return address.Furthermore, you must include a valid physical address in your e-mail. Don't use a Post Office box number. The law requires a street address.

2. You must have a procedure for unsubscribing. My newsletters include links that people can click to unsubscribe. That isn't required by the law; you just need a procedure that works.You may not send anything to the recipients more than 10 days after they opt-out. And your unsubscribe link or e-mail address must remain good for 10 days.My unsubscribe link takes you to a page on my Web site. There you can unsubscribe to any of my three newsletters, or to all of them. After pressing the unsubscribe button, you'll receive an e-mail confirming that you are unsubscribed. There's a link there to re-subscribe, in case you made a mistake.Even with all this, some people have problems. Some people send an e-mail with "unsubscribe" in the subject line or body. Others send letters. That's a pain. We have to unsubscribe those people manually.

3. The subject line must be clear. The other day, I received a spam e-mail with this subject line: "Re: STK, the fear somewhat." Well, pardon me, but I didn't have a clue about what that meant. Turns out, the sender was hawking an allegedly banned CD. Apparently, the government doesn't want me to see it.Whatever, this subject line is unclear, so it is probably illegal under the law. Of course, the feds would have to hire Hercule Poirot to track down the sender. Amelia Earhart might be easier to find.The subject line for my weekly newsletter says, "Kim Komando Show Electronic Newsletter." You won't have any problem if your subject line is equally clear. If you feel you must be sneaky, you might want to consider a new career.Also, if you are sending explicit adult content, the subject line must say so.

4. Don't harvest e-mail addresses on the Internet. For years, spammers have trolled the Usenet newsgroups, collecting e-mail addresses. If you have used these groups, you've probably seen e-mail addresses in this form: somebody(NOSPAM)@somedomain.com. You drop the (NOSPAM) when you send an e-mail to this person. The idea is that most automated e-mail address collectors don't know to do that. I use the same trick in my newsletters.Those automated address collectors are banned under the CAN-SPAM Act. Hopefully, you're not using them, anyway.

5. You can still send spam. Interestingly, the 2003 law does not outlaw spam. That is defined as any commercial message that is not requested. So you can legally send out millions of messages, asking people to buy your product.You just have to follow the rules. Your subject line must clearly state the intent of the message. The recipient must have a way to opt-out from your e-mail. (Today's irresponsible spammers often include unsubscribe options. But they are generally used to qualify recipients' addresses as valid.)And remember: You can't use a false return address. And you cannot use a computer for which you do not have authorization. Many private computers -- perhaps millions -- have been infiltrated by spammers. They are used to flood the Internet with spam, without the owners' knowledge. Don't do that.

6. It pays to be extra careful. In my earlier days on the Internet, I signed up anybody who asked. A person could subscribe up to eight friends. No more. Occasionally, people who are subscribed this way become enraged. Who needs that?Today, my subscription process has two steps. I include a link in my newsletters that takes people to my Web site. There, they can enter their e-mail address, or the address of eight friends. Anyone who signs up receives a confirmation e-mail. They must hit the Reply button and send it back. Only then do they go into our database.Friends who are signed up by others get an invitation to subscribe. If they follow through with the two-step process, they're in. Otherwise, they never get a newsletter.This guarantees that people are not signed up as pranks. I have learned the hard way that when angry people complain to an Internet service provider, my work suddenly lands in the spam filter. I don't want that, nor do I want to bother people who are uninterested in my newsletters.The federal law supersedes state statutes. Enforcement is up to the Federal Trade Commission. Private individuals and Internet service providers cannot sue under this law. State attorneys general have some enforcement powers.Internet newsletters are a wonderful way to connect with your listeners. The new law needn't cause you problems; most of it is just common sense. Take the time to do it right, and you should have no hassles from the FTC.

 
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