Southern California Commercial Email Internet Law Firm
The experienced attorneys at Internet law firm Miller Barondess help businesses navigate the complex state and federal laws that govern commercial, mass, and bulk email. We understand that using mass emails to solicit new business and communicate with current consumers is an important element of your Internet marketing. Our attorneys possess a wealth of experience with the state and federal laws that apply to commercial email and will work with you to ensure that you can implement the plan that will work for you while complying with all of the relevant restrictions. We can also assist you if you are facing penalties for violating the laws.
Federal CAN-SPAM Act
The main law regulating commercial email is the federal CAN-SPAM Act, which took effect in January 2004 and is administered by the Federal Trade Commission (FTC). The Act covers not only spam and unwanted commercial email but also includes “any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service.” It is important to note that the CAN-SPAM Act does not prohibit commercial email; instead, it puts specific restrictions on these messages.
The Act requires the following:
- A clear and conspicuously visible disclosure that the email is an advertisement.
- Some sort of address, whether it is a street address or a P.O. Box.
- Some type of reply email address or similar Internet or web-based functionality for the recipient to respond to the sender and unsubscribe or opt out from receiving future emails.
The Act also prohibits the following:
- False or misleading transmission information (such as the email header and the from, to, and reply-to fields).
- Deceptive or misleading message subject lines.
- Continuing to messages to someone after they have requested to stop receiving the messages. The Act provides a window of ten business days to remove someone who has elected to opt out.
- Selling or giving away email addresses of recipients who have unsubscribed.
- Sending commercial emails to harvested addresses or email addresses obtained by randomly-generated alphanumerical combinations.
Consult with Experienced Commercial Email Lawyers
Failing to comply with CAN-SPAM Act restrictions can result in serious penalties including criminal prosecution and exorbitant fines that are levied per individual violation. It is therefore crucial to speak with attorneys who understand the nature of your business as well as the laws that govern commercial email. If you are considering utilizing commercial email as a part of your online marketing strategy, changing an existing commercial email campaign, or if you are facing penalties for violating the regulations, it is important that you discuss your plans with one of the experienced attorneys at Internet law firm Miller Barondess as soon as possible. For more information, we invite you to contact us to schedule an appointment.
