Ch. 37 - Laws Affecting Marketing
The Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003
(CAN-SPAM)does the following: - ANS-- The Act prohibits sending unwanted "commercial"
e-mail messages" to wireless devices without express prior authorization.
-The ban covers messages sent to cell phones and pagers if the message uses an Internet
address that includes a URL.
-The ban excludes "short messages" sent from one mobile phone to another which does not use
an internet address.
- It supplements the Telephone Consumer Protection Act (TCPA).
CAN-SPAM exludes: - ANS-The rules of this Act exclude "transactional or relationship"
messages that the receiver has agreed to. In other words, it does not apply to regular email
messages between you and persons you have already made contact with, such as your clients
and customers.
CAN-SPAM also has the following requirements: - ANS-Commercial emailers must reveal the
identity of the sender and the name of the advertiser entity.
Receivers of authorized messages must also be given an "opt out" choice to terminate the
sender's messages, which the sender must honor within ten days if exercised.
With regard to non-wireless devices & computers: Commercial e-mails sent to non-wireless
devices (e.g., desktops) are regulated by the FTC and FCC. FTC's rules are:
Identification: Unsolicited commercial e-mail must be clearly identified as a solicitation for
products or services.
Rejection of future messages: Senders must provide convenient, legitimate ways for the
receiver to reject future messages.
Return address: Commercial email must contain legitimate return email addresses as well as
the sender's postal address.
Subject lines: Commercial email senders must use accurate subject lines that are not
misleading or bogus.
Penalties for CAN-SPAM: - ANS-The FTC manages the CAN-SPAM Act and can fine violators
of the act in an amount which is subject to inflation adjustments.
Do-Not-Call List aka the Telephone Consumer Protection Act, or TCPA, - ANS-addresses the
regulation of unsolicited telemarketing phone calls.
The FCC rules include the following for the DNCL: - ANS-Telephone solicitors must identify
themselves, on whose behalf they are calling, and their phone number or address where they
can be contacted.
With regard to the National Do-Not-Call list:
Telemarketers must comply with any do-not-call request made during the solicitation call.
The Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003
(CAN-SPAM)does the following: - ANS-- The Act prohibits sending unwanted "commercial"
e-mail messages" to wireless devices without express prior authorization.
-The ban covers messages sent to cell phones and pagers if the message uses an Internet
address that includes a URL.
-The ban excludes "short messages" sent from one mobile phone to another which does not use
an internet address.
- It supplements the Telephone Consumer Protection Act (TCPA).
CAN-SPAM exludes: - ANS-The rules of this Act exclude "transactional or relationship"
messages that the receiver has agreed to. In other words, it does not apply to regular email
messages between you and persons you have already made contact with, such as your clients
and customers.
CAN-SPAM also has the following requirements: - ANS-Commercial emailers must reveal the
identity of the sender and the name of the advertiser entity.
Receivers of authorized messages must also be given an "opt out" choice to terminate the
sender's messages, which the sender must honor within ten days if exercised.
With regard to non-wireless devices & computers: Commercial e-mails sent to non-wireless
devices (e.g., desktops) are regulated by the FTC and FCC. FTC's rules are:
Identification: Unsolicited commercial e-mail must be clearly identified as a solicitation for
products or services.
Rejection of future messages: Senders must provide convenient, legitimate ways for the
receiver to reject future messages.
Return address: Commercial email must contain legitimate return email addresses as well as
the sender's postal address.
Subject lines: Commercial email senders must use accurate subject lines that are not
misleading or bogus.
Penalties for CAN-SPAM: - ANS-The FTC manages the CAN-SPAM Act and can fine violators
of the act in an amount which is subject to inflation adjustments.
Do-Not-Call List aka the Telephone Consumer Protection Act, or TCPA, - ANS-addresses the
regulation of unsolicited telemarketing phone calls.
The FCC rules include the following for the DNCL: - ANS-Telephone solicitors must identify
themselves, on whose behalf they are calling, and their phone number or address where they
can be contacted.
With regard to the National Do-Not-Call list:
Telemarketers must comply with any do-not-call request made during the solicitation call.
