enforcements under can-spam
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Lessons for the email marketer about the FTC's CAN-SPAM enforcementTRANSCRIPT
This is Andy from Benchmark Email, and today we have lessons for the email marketer about the
FTC’s CAN-SPAM enforcement, from the Benchmark Email Blog.
We’re going to discuss the CAN-SPAM act of 2003.I will tell you about an online jewelryretail site called bidz.com, who recently learned how serious the Feds really are about
enforcing these regulations.
The FTC began an investigation of bidz.com in May of 2009. They were looking into claims that the
company was not honoring unsubscribe requests. Only recently was the case settled, with bidz.com
being ordered to pay a large cash settlement to the US Government.
Your company can be issued penalties up to $16,000 per email found to be sent in violation of the CAN-SPAM Act. Multiply that to the amount of emails your company sent out in the last year, and
you will see just how serious the FTC is about enforcement.
The heads of Phoenix Avatar were ordered to five years in prison for violating CAN-SPAM, as well as
an additional 20 years for mail fraud. Mr. Mounir Balarbi was tried in absentia and was sentenced in a closed session, despite him residing in Tangier,
Morocco.
Granted many of the people that feel the wrath of the law are selling snake oil or running pornography sites. That doesn’t mean legitimate
businesses aren’t being cracked down on. The investigation of bidz.com saw their stock go from $4.34 per share at the beginning, to $2.67 only a month later. That wiped out around $30 million in market
capitalization. Learn your lesson from bidz.com, and don’t put your company in that position.
These policies are fairly common sense for most.
·Don’t use false or misleading header information.
·Don’t use deceptive subject lines.
·Identify the message as an ad.
·Tell recipients where you’re located.
·Tell recipients how to opt out of receiving future email from you.
·Honor opt-out requests promptly.
·Monitor what others are doing on your behalf.
The previous points are as much good online business advice, as they are restrictions. If you have to hide your practices to seem like you’re complying with them, you’re already a criminal. They should lock you up. As Judas Priest would
say, you’re “Breaking the Law.”
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