The CAN-SPAM Act, a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have you stop emailing them, and spells out tough penalties for violations.
Key Points:
Keep in mind: Does the recipient interpret the subject line to mean that the message contains commercial advertising, or if a substantial part of the transactional or relationship content does not appear at the beginning of the message, or is a large proportion of the message dedicated to commercial advertising in the recipients opinion.
A warranty, product recall, safety or security information, subscription, membership, account, loan or similar ongoing relationship concerning the e-mail recipient’s ongoing purchase or use of the sender’s products or services.
The message provides information regarding an employment relationship or related benefit plan in which the e-mail recipient is currently involved, participating or enrolled.
Originates or transmits the e-mail, procures the transmission of the e-mail, meaning that the business either intentionally pays or provides other consideration to, or induces, another person to transmit the e-mail on its behalf, or a Sender, an initiator, whose own product or service, or internet website, is advertised or promoted in the commercial message (ex: using a 3rd party service provider, both parties are initiators).
USA
Originates or transmits the e-mail, procures the transmission of the e-mail, meaning that the business either intentionally pays or provides other consideration to, or induces, another person to transmit the e-mail on its behalf, or a Sender, an initiator, whose own product or service, or internet website, is advertised or promoted in the commercial message (ex: using a 3rd party service provider, both parties are initiators).
Canada
An initiator must comply with the anti-spam laws of all the countries that the recipients live in; Canada’s Anti-Spam Legislation (CASL)
CEM: “any electronic message that encourages participation in a commercial activity, regardless of whether there is an expectation of profit.”
Gathering Consent from Recipients (direct or implied)
Foreign
An initiator must comply with the anti-spam laws of all the countries that the recipients live in;
International Requirements by Country
(Mail Chimp Email Service provider and a Reputable Source regarding all email marketing)
Countries: Australia, EU, UK, Austria, Belgium, China, Cyprus, Czech Republic, Estonia, France, Germany, Italy, Netherlands, New Zealand, Sweden
FTC Enforcement
State Enforcement
Internet Service Providers
