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    • Email Marketing - Legally

    Whenever spam protection is mentioned, marketers typically complain about how this is taking away their First Amendment rights. However, the US 10th Circuit Court of Appeals validated the legality of the government's do-not-call list, thus verifying that marketers do not have the right to bother consumers who would rather be left alone.

    With the introduction of the CAN-SPAM act in 2003, email marketers now have a minimum set of requirements they must meet in order to operate legally. The CAN-SPAM act makes the following requirements:
    1. The sender must supply a legitimate return email AND physical postal address
    2. The sender must provide a valid opt-out mechanism, which must remain active for a minimum of 30 days after sending the emails, with clear and conspicuous notice of the opportunity to opt-out.
    3. The sender must honor any such opt-out request within 10 days of the request.
    4. The sender must provide clear and conspicuous notice that the message is an advertisement or solicitation in the subject line or content of the email.
    5. Any messages with sexually oriented material to be so clearly identified, and at least "one click away" from the main email.
    6. Senders are prohibited from falsifying or disguising their true identity, such as using a misleading "from" address.
    7. Senders must not use misleading subject lines that mask the true purpose of the email.
    8. The sender must NOT participate in the harvesting of email addresses by either (1) automatic means from an Internet Web site or proprietary online service maintained by a third party that bans this practice; or (2) an automated system that generates possible electronic addresses by combining names, letters and numbers in numerous permutations.
    9. The sender must not use knowingly sending false or misleading information.
    10. The sender must not use "open relays" to send email.

    In addition to these requirements, MailMask.net recommends that additional steps be taken to ensure good relations with customers. For more information, please see the best practices page.
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