Controlling the Assault of Non-Solicited Pornography
and Marketing Act of 2003
by Sanders Consultation Group Plus

CANSPAM Act of 2003 and How it Will Affect Our Marketing Campaigns

(2) PROHIBITION OF DECEPTIVE SUBJECT HEADINGS.-It is unlawful for any person to initiate the transmission to a protected computer of a commercial electronic mail message if such person has actual knowledge, or knowledge fairly implied on the basis of objective circumstances, that a subject heading of the message would be likely to mislead a recipient, acting reasonably under the circumstances, about a material fact regarding the contents or subject matter of the message (consistent with the criteria used in enforcement of section 5 of the Federal Trade Commission Act (15 U.S.C. 45)).

Here again this concerns deceptive practices through the words you place in the subject line to entice someone to read your email. Let's say your email is about website design, but you place "FREE Passwords to the Top Internet Adult Sites" in the subject line. What does your subject line have to do with anything in your email? That is a deceptive subject header and is now against the law for all email falling under the CANSPAM Act of 2003. Simple solution for this would be to make sure that your subject heading pertains to the content of the email. In our example above, change the deceptive subject line with "Website design, tips and tricks to increase your search engine positioning".

(3) INCLUSION OF RETURN ADDRESS OR COMPARABLE MECHANISM IN COMMERCIAL ELECTRONIC MAIL.-

(A) IN GENERAL.-It is unlawful for any person to initiate the transmission to a protected computer of a commercial electronic mail message that does not contain a functioning return electronic mail address or other Internet-based mechanism, clearly and conspicuously displayed, that-

(i) a recipient may use to submit, in a manner specified in the message, a reply electronic mail message or other form of Internet-based communication requesting not to receive future commercial electronic mail messages from that sender at the electronic mail address where the message was received; and

(ii) remains capable of receiving such messages or communications for no less than 30 days after the transmission of the original message.

(B) MORE DETAILED OPTIONS POSSIBLE.-The person initiating a commercial electronic mail message may comply with subparagraph (A)(i) by providing the recipient a list or menu from which the recipient may choose the specific types of commercial electronic mail messages the recipient wants to receive or does not want to receive from the sender, if the list or menu includes an option under which the recipient may choose not to receive any commercial electronic mail messages from the sender.

(C) TEMPORARY INABILITY TO RECEIVE MESSAGES OR PROCESS REQUESTS.-A return electronic mail address or other mechanism does not fail to satisfy the requirements of subparagraph (A) if it is unexpectedly and temporarily unable to receive messages or process requests due to a technical problem beyond the control of the sender if the problem is corrected within a reasonable time period.

All commercial messages sent must include an opt out option. The opt out option can be a process where the receiver can send a reply email to be removed, or a URL that points to a page where they can be opted out, OR a listing within the email that allows them to select the kinds of email they want to accept. I should clarify this a bit. If you have a list in the email that gives them the freedom to choose what kind of email they want, you must ALSO include the ability for them to opt out. You are not able to just give them a choice, but attempt to force them to remain on your list by targeting the types of email they receive.

If you use a reply email as an option, or a page, you must ensure that such email address or URL page is available for at least 30 days after a commercial email message is sent. If you experience technical difficulties with your opt out options, you are covered as long as you make all reasonable attempts to fix the problem, and it is corrected in a reasonable time period. To be protected from violation of the act, the reason must also be caused by something that is out of your control. Sounds a bit vague don't it? Reasonable is a relative term. Just be honest in your practices, fix problems when they occur, and you shouldn't have any problems.

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About the Author

James R. Sanders is the owner of Sanders Consultation Group Plus. He has been a webmaster and website designer since 1997. He has also been involved in self employment ventures since 1992. He is presently a contributing author of NewbieHangout. His writing is targeted to webmasters, would be webmasters, website designers, would be website designers, self employed, or those researching information looking for solutions to questions associated with design, business operations, and promotion today. His goal is to provide practical information based upon his years of experience to help webmasters, website designers, and self employed people achieve their goals in today's competitive global market. You can subscribe to his free newsletters at SCGP - Newsletter.

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