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THE LEVISON LETTER
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Action Ideas For Better Direct Mail,
E-mail, Web Sites & Advertising
Published by
Ivan Levison, Direct Response Copywriting
January, 2004
Volume: 19 Number: 1
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Nine things you should know about the new anti-spam law -
Advice for email marketers
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On January 1, 2004, a new federal law went into effect
that will have important consequences for every company
that plans on doing e-mail marketing.
The law is called the "Controlling the Assault
of Non-
Solicited Pornography and Marketing Act of 2003," or the
"CAN-SPAM Act of 2003." (This actually strikes me as a
rather poor title since the words "CAN-SPAM" sound like
you have active permission to spam. This is certainly not
the meaning Congress wished to communicate!)
If you're planning to do some e-mail marketing this
year,
here are nine facts about the CAN-SPAM Act that I think
you should know.
DISCLAIMER: Please note that this article is not to
be
construed as legal advice. Since I am a copywriter, not
an attorney, you should read the bill yourself, which
you'll find at:
http://www.spamlaws.com/federal/108s877.html
then seek expert legal advice about how the law impacts
your own marketing efforts.
*** 1. The new Federal law supercedes the California
anti-spam law that was due to go into effect on
January 8.
The CAN-SPAM law is a lot more lenient than the
California law, and many heavy e-mailers are breathing a
sigh of relief. For example, under the Federal law,
individual consumers can't sue violators. Action has to
be initiated by ISPs, the FTC and certain other federal
agencies, or state law enforcement agencies.
*** 2. The law does NOT ban unsolicited e-mail.
It is perfectly legal to do promotional e-mails as long
as you promptly stop mailing to consumers who object to
getting your messages. And, of course, you must follow
all the provisions of CAN-SPAM.
*** 3. Your "Subject" line can't be misleading.
It is unlawful for you to send an e-mail if you have
"actual knowledge . . . 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."
*** 4. It's illegal to falsify headers.
Under the law, ''header information'' means "the
source,
destination, and routing information attached to an
electronic mail message including the originating domain
name and originating electronic mail address, and any
other information that appears in the line identifying,
or purporting to identify, a person initiating the
message." It is fraudulent to "materially falsify
header information in multiple commercial electronic mail
messages and intentionally initiate the transmission of
such messages."
*** 5. Under CAN-SPAM, the true identity and physical
postal address of the advertiser has to be provided.
You can't be anonymous. And you must provide "clear
and
conspicuous identification that the message is an
advertisement or solicitation . . . (This) does not apply
to the transmission of a commercial electronic mail
message if the recipient has given prior affirmative
consent to receipt of the message."
*** 6. You have to provide a way for prospects to opt out
if they don't want to get future mailings.
It is illegal to send an e-mail "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."
*** 7. You CAN rent lists of opt-in names.
That's because the law lets e-mail marketers transfer
"affirmative consent" (i.e. opt-in consent). This is
possible if "the recipient expressly consented to receive
the message, either in response to a clear and
conspicuous request for such consent or at the
recipient's own initiative; and if the message is from a
party other than the party to which the recipient
communicated such consent, the recipient was given clear
and conspicuous notice at the time the consent was
communicated that the recipient's electronic mail address
could be transferred to such other party for the purpose
of initiating commercial electronic mail messages."
*** 8. It's illegal to "harvest" names from the Internet.
CAN-SPAM states that you can't obtain "electronic
mail
addresses through improper means, including harvesting
electronic mail addresses of the users of a website,
proprietary service, or other online public forum
operated by another person, without the authorization of
such person." It's also unlawful to use "automated means
that generates possible electronic mail addresses by
combining names, letters, or numbers into numerous
permutations."
*** 9. Check out "Dot Com Disclosures" published online
by the Federal Trade Commission.
You'll find this comprehensive document at:
www.ftc.gov/bcp/conline/pubs/buspubs/dotcom
Why is it worth reviewing "Dot Com Disclosures"? Because,
in the words of the FTC, "Many of the general principles
of advertising law apply to Internet ads, but new issues
arise almost as fast as technology develops. This booklet
describes the information businesses should consider as
they develop online ads to ensure that they comply with
the law."
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How To Get In Touch
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Ivan Levison
Direct Response Copywriting
14 Los Cerros Drive
Greenbrae, CA 94904
Phone: (415) 461-0672
Fax: (415) 461-7738
E-mail: ivan@levison.com
Web Site: http://www.levison.com
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Copyright 2005, by Ivan Levison, All Rights Reserved.
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