The 411 on Spam Laws

As of 2008 there are 37 states in the USA, which have passed an anti-spam law to regulate unsolicited commercial email. Each one of these 37 states has a unique law, as there is no uniform state law. Despite there being no uniform law most anti-spam statutes, as well as the federal CAN SPAM ACT, primarily aim to prevent deception. Deception is the hallmark of SPAM.

The following is a short list comprising most of the email campaigning ‘do’s and dont’s’:

  • You must provide an easy “opt-out” option
  • Once a person has opted out you may no longer send messages to him/her
  • You may not Include false or misleading content (in the header, source, path, or subject line)
  • If the recipient has not “opted in” to your list you must include ADV: as the first item in the header (short for advertisement)
  • You should include your postal address in the content
  • You may not violate your e-mail service provider’s policies
  • Don’t share email addresses with others
  • Don’t use fraudulent transmission data (in an effort to confuse the origin of the message

To figure out if you live in one of the 37 states which has an anti-spam statute you may visit the National Conference of State Legislatures website here: http://www.ncsl.org/programs/lis/legislation/spamlaws02.htm

You can read the contents of the federal statute here:
http://www.spamlaws.com/federal/108s877.shtml

2 thoughts on “The 411 on Spam Laws

  1. Mat Siltala says:

    It is very interesting to learn more about anti-spam laws. I am sure this is going only become a bigger issue as time goes on and more and more are using the Internet. I am just glad we got you to keep us up to date with the happenings. Great post Dave – Thanks!

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