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Domain Discussion
Domain Name Legal Issues
Sending New Email Newsletter - Advice Needed
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<blockquote data-quote="stevan@aplegal.co" data-source="post: 2209566" data-attributes="member: 6487"><p>In short, you may send unsolicited email so long as you follow the rules.</p><p></p><p>- include your physical postal address</p><p>- indicate that the email is an advertisement or solicitation</p><p>- notify recipients of their ability to decline further mailings and tell them how to do so</p><p></p><p>Controlling the Assault of Non-Solicited Pornography and Marketing ("CAN-SPAM") Act of 2003, 15 U.S.C. § 7701 et seq., and was enacted in response to mounting concerns associated with the rapid growth of spam e-mails. Congress determined:</p><p></p><p> (1) there is a substantial governmental interest in regulation of commercial electronic mail on a nationwide basis;</p><p> (2) senders of commercial electronic mail should not mislead recipients as to the source or content of such mail; and</p><p> (3) recipients of commercial electronic mail have a right to decline to receive additional commercial electronic mail from the same source. <em>Id.</em></p><p></p><p>The Act does not ban spam outright, but rather provides a code of conduct to regulate commercial e-mail messaging practices. Stated in general terms, the CAN-SPAM Act prohibits such practices as transmitting messages with "deceptive subject headings" or "header information that is materially false or materially misleading." See 15 U.S.C. § 7704(a)(1), (2). </p><p></p><p>The Act also imposes requirements regarding content, format, and labeling. For instance, unsolicited e-mail messages must include the sender's physical postal address, indicate they are advertisements or solicitations, and notify recipients of their ability to decline further mailings. 15 U.S.C. § 7704(a)(5). Moreover, in order to comply with the Act, each message must have either a functioning return e-mail address or a comparable mechanism that allows a recipient to "opt out" of future mailings. 15 U.S.C. § 7704(a)(3).</p><p></p><p>————</p><p><a href="http://www.aplegal.com" target="_blank">Stevan Lieberman</a></p><p><a href="http://www.aplegal.com" target="_blank">Greenberg & Lieberman, LLC</a></p><p><a href="http://www.aplegal.com" target="_blank">http://www.aplegal.com</a></p></blockquote><p></p>
[QUOTE="stevan@aplegal.co, post: 2209566, member: 6487"] In short, you may send unsolicited email so long as you follow the rules. - include your physical postal address - indicate that the email is an advertisement or solicitation - notify recipients of their ability to decline further mailings and tell them how to do so Controlling the Assault of Non-Solicited Pornography and Marketing ("CAN-SPAM") Act of 2003, 15 U.S.C. § 7701 et seq., and was enacted in response to mounting concerns associated with the rapid growth of spam e-mails. Congress determined: (1) there is a substantial governmental interest in regulation of commercial electronic mail on a nationwide basis; (2) senders of commercial electronic mail should not mislead recipients as to the source or content of such mail; and (3) recipients of commercial electronic mail have a right to decline to receive additional commercial electronic mail from the same source. [I]Id.[/I] The Act does not ban spam outright, but rather provides a code of conduct to regulate commercial e-mail messaging practices. Stated in general terms, the CAN-SPAM Act prohibits such practices as transmitting messages with "deceptive subject headings" or "header information that is materially false or materially misleading." See 15 U.S.C. § 7704(a)(1), (2). The Act also imposes requirements regarding content, format, and labeling. For instance, unsolicited e-mail messages must include the sender's physical postal address, indicate they are advertisements or solicitations, and notify recipients of their ability to decline further mailings. 15 U.S.C. § 7704(a)(5). Moreover, in order to comply with the Act, each message must have either a functioning return e-mail address or a comparable mechanism that allows a recipient to "opt out" of future mailings. 15 U.S.C. § 7704(a)(3). ———— [URL='http://www.aplegal.com']Stevan Lieberman Greenberg & Lieberman, LLC[/URL] [url]http://www.aplegal.com[/url] [/QUOTE]
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