« Section 162(m) | Main | SD West 2008 »

Mar 6
CAN-SPAM Act
The following is not meant to be legal advice.

 

 

Scenario:  A customer of an online advertising company tells the online advertising company to send an email blast to the customer’s clients.  Is the online advertising company able to do so without getting in trouble with privacy laws?

 

 

The right answer may be for the online advertising company to ask the customer to send a confirmation that it has permission to submit the client information for the email blast according to the customer’s privacy policy.

 

However, according to the CAN-SPAM Act, the law does not require permission of the email recipient for the sending of email newsletters, but if the recipient wants to unsubscribe or opt out of the list for future emails, the sender must have an opt out method. 

 

 

The opt out method requires the sender to provide a return email address or another Internet-based mechanism that allows a recipient to ask not to send future email messages.

Privacy


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