South Dakota Cyber Law - Does Your Company's Email Advertising Comply With The CAN-SPAM Act?


With the start of a new year, many companies initiate new online ad campaigns as they seek to broaden their customer base. Retooling your online advertising materials, such as email, provides an opportunity to ensure you're in compliance with relevant consumer privacy legislation such as the CAN-SPAM Act. The CAN-SPAM Act establishes minimum requirements for commercial messages as well as penalties for non-compliance. Below are some of the law's major requirements:

1. Don't use false or misleading header information.

2. Don't use deceptive subject lines.

3. Identify the message as an ad.

4. Inform recipients how to opt out of receiving mail.

5. Promptly honor opt out requests.

One of the most significant provisions of the CAN-SPAM Act is that legal liability cannot be contracted away just by hiring a third party. Hiring another company to do your email marketing doesn't relieve your company of responsibility under the Act. 

Furthermore, the Federal Trade Commission (FTC) has its own rules based on the CAN-SPAM Act. To get a full sense of what the CAN-SPAM Act requires, the Act and the FTC rules must be read together. To do this you should seek the assistance of an attorney.