MDF Systems, Inc.
780 James P. Casey Road
P.O. Box 917
Bristol, CT 06010-0917
Tel:800-426-3752
Tel:860-584-4750
Fax:860-584-4759
www.mdfsystems.com
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Privacy
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Tips & Trivia
Are You Compliant with CAN-SPAM?
Test Your Knowledge of The Law
22 Questions You Should Know
True or False?
1. The Can Spam Act went into effect Jan. 1st, but marketers have 90 days to become compliant with the new law.
False. Compliance must be immediate. Unsubscribe requests must be adhered to within 10 days of request to be unsubscribed.
2. The Can Spam Act Pre-empts many tougher state anti-spam laws.
True. But it does not pre-empt other state laws in regards to trespass, contract, tort fraud or computer crime.
3. You may send commercial email with falsified headers.
False. Even commercial email must not falsify headers.
4. You must include your phone number in all commercial emails.
False. Physical address, not to be a P.O. Box must be included, but not necessarily a phone number.
5. You may send UCE as long as the message contains an opt-out mechanism, a functioning return email address, a valid subject line indicating the email is an advertisement, and the legitimate physical address of the sender.
True
6. You must include a privacy policy when you collect subscribers.
False. You must explicitly state upon subscription the subscription which must include if the e-mail list will be shared. You do not necessarily need a privacy policy as such.
7. You may harvest email addresses as long as the messages you send contain an opt-out mechanism, a functioning return email address, a valid subject line indicating the email is an advertisement, and the legitimate physical address of the sender.
False. You may not harvest e-mail addresses in bulk or in an automated fashion.
8. You must have a process for handling unsubscribes within a 15 day window.
False. Unsubscribes must be handle within 10 days of request.
9. Referencing or including a link to a commercial entity in an email message is sufficient to make it a commercial email message.
False. Merely linking to a commercial site is not enough on its own to be considered a commercial email message but the if the intention of the email is of a commercial nature and for commercial gain, then it would be considered commercial.
10. You must add your postal address to all your marketing emails.
True
11. The Can Spam Act is enforced by the Attorney General in the state wherein the alleged spam originated.
False. It is enforced by the FCC.
12. You must not share the address of a person who unsubscribed with any other entity seeking to send that party email.
True
13. It's O.K. to use a misleading subject in your marketing email, as long as you identify the email as an advertisement or solicitation somewhere within the body of the email.
False. You must not use misleading subject line as it is considered a falsified header and thus impermissible.
14. The FTC is required to report back to Congress within two years on the effectiveness of the law and the need, if any, for modifications.
True
15. Wireless spam is not covered by the law .
False. Wireless spam is contemplated by the law to be further defined 9 months after enactment by the FCC and FTC.
16. The new law allows for a $250 fine per non compliant email, and possible jail time, for intentionally sending UCE with falsified header information.
True
17. All persons in charge of running web servers that relay email must close all open relays within 90 days of enacted of the law (Jan. 1st).
False. Though it is not illegal, it is a best practice not to use open relays.
18. Sending commercial email through an open relay is prohibited by the Can Spam Act.
False. Though it is not illegal, it is a best practice not to use open relays.
19. You must include an unsubscribe mechanism in every commercial email.
True
20. Under the law, businesses knowingly promoted in UCE with false or misleading header information are also subject to FTC penalties and enforcement remedies, regardless of whether the FTC is able to identify the spammer who initiated the email.
True
21. All commercial email (except those sent to opt in lists) must contain ADV in the subject line, to indicate the email is an advertisement.
False. Within one and a half years after enactment, a plan must be put forth in compliance with Internet Engineering Task Force Standards to use the ADV identifier or some other one.
22. All commercial email (except those sent to opt in lists) must be identified as an advertisement or solicitation.
True
This does not constitute legal advice. © Copyright 2004, Jim Symonds, EmailMarketingSurvey.com. All Rights Reserved.
© Copyright 2004 MDF Systems
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