SPAM and Compliance of SPAM LAWS

Spam is defined as, inappropriate or unsought mails sent over the Internet, normally to many users, with the objective of advertising, phishing and spreading malware or in other words, Spam is over flowing the Internet with numerous copies of the same message, in an effort to spread the message to those people who would not want to receive it. Most spam is commercial advertising, often for suspicious products, get- rich-quick schemes, or quasi-legal services. The cost for sending the spam is very little for the sender; most of the costs are basically incurred by the receiver or the carriers.

As digital marketers, there is admittance to huge amounts of data of prospective leads and customers, which comes through the multiple tools across multiple channels. The usage of data creates amazing opportunities and also create huge responsibilities. The digital communications and marketing rules are different across nations, which make compliance a challenge. Anti- spam laws and marketing regulations vary across the nations. The CAN-SPAM Act of US covers all the commercial messages inclusive of mails that endorse a commercial product or service or promote content on commercial websites. The CAN- SPAM act of US states:

1.Not to use deceptive header information:The domain name should be original and the email address must be accurate that of an individual or a group.

2.Subject lines should not be deceptive: The subject line should be in a sync with the content of the message.

3.Classify the message as an Advertisement: The message text or body should clearly indicate that the message is an advertisement.

4.Expose your location the recipient: The message must contain valid postal address of the sender.

5.Intimate receiver the mechanism to opt out receiving e-mails in future from the sender: The message should be very discrete and should contain a statement which explicitly states how the recipients can opt out of getting future e-mails. The notice should be skillfully designed to make recipients understand easily. It is to be made certain that the spam filter does not block opt-out requests.

6.Prompt Service of Opt-out requests: The business entity should honour the opt out request for any customer- individual or group. The request should be processed in ten business days and no fee can be charged from the consumer for opting out other than them sending a simple e-mail to opt out. Even selling or buying of customers Mail ID’s who do not want to be subscribed to the company’s e-campaign process should be strictly prohibited.

7.Monitor the activity of the company whom e-mail marketing is outsourced: The law makes it precise that even if e-mail marketing is outsourced to another company, then also the source company is liable to comply with the law. Legal responsibilities lie with the companies whose product gets promoted and the company who does the e-mail marketing.

8. Honour opt-out requests promptly: Prompt processing of opt-out request should be implemented and honouring the opt-out request should happen within ten business days. No fees can be charged from the recipient; neither can be forced to give any of his personal information other than his Mail ID.

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