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CAN-SPAM
ОглавлениеThe CAN-SPAM Act is a federal law that applies to commercial messages sent via email. The FTC, which enforces the CAN-SPAM Act, defines an emailed commercial message as “any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service,’ including email that promotes content on commercial websites.” The FTC notes that there is no exception under CAN-SPAM for business-to-business email.
CAN-SPAM establishes requirements for commercial messages, such as the requirement that each email give the recipient the right to opt out of future emails. Opt out requests must be honored within the timeframe established by the Act. Other requirements also apply, such as the requirement that the email include the sender’s valid physical postal address.
The penalties for a CAN-SPAM violation can be severe. Each separate email in violation of the CAN-SPAM Act is subject to penalties of up to $16,000.
A Canadian anti-spam law that took effect on July 1, 2014 imposes severe penalties on individuals and businesses that send commercial electronic messages without consent.