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SELECTED PRESS RELEASE:
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posted on:
2/8/2012 11:07:28 PM EST
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SPAM Is more widespread than you think
spam, email marketing, fighting spam, permission email marketing, email newsletters, legal
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Unsolicited Commercial Email or Spam has grown at epidemic proportions. It is rapidly becoming the number one problem that Information Technology departments deal with on a day-to-day basis, surpassing computer viruses. The volume and percentage of unwanted email received in business and personal email inboxes is starting to overwhelm and drown out legitimate email.
Although the vast majority of this bulk email is being perpetrated by individual spammers and a few large bulk mailers pushing pornography, gambling, get rich schemes, ‘medicinal cures’ and bootleg software, real businesses have been caught in the web also by committing several errors. The three ways a legitimate business falls into the Spam mode are: 1. Legal non-Compliance, 2. Violating Trust, and 3. Lack of Value.
Legal non-Compliance
Through the end of 2003 it was very difficult to comply with Spam laws as twenty six states had passed their own laws dealing either directly with the process of sending unsolicited commercial email or the format requirements of bulk email.
Real businesses should have no problem complying with all aspects of the law and those that don’t will find themselves in legal jeopardy for significant penalties.
The process components of the law won’t be an issue for real businesses, they don’t fake the reply address, they don’t hijack someone else’s mail server nor do they contain falsified routing information. Where they are likely to fail are in three specific areas.
1) Neglecting to include a valid physical address in the body of the email.
2) Not having a functional Internet-based opt-out mechanism, which must be active for a minimum of 30 days after the email has been sent.
3) Failing to include clear and conspicuous identification that the message is an advertisement or solicitation. Most State laws approached this similar provision by requiring the use of the letters ADV: in the beginning of the subject line. The Federal doesn’t specify how this is to be accomplished; thereby, leaving it open to a wide range of interpretation.
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