VirtuaClass

To date, there are 38 states which have laws regulating unsolicited commerceial email (”spam”). Although, each state’s law is ‘unique’ as there is no uniform state law, the majority of the anti-spam statutes prohibit false or deceiving information in the message subject line. Many of the states also proscribe the sale of software designed solely to misrepresent the point of origin or routing information of an email message. There are also “must do’s” such as labeling requirements for adult content.

Here is a succinct list of many email campaigning do’s and dont’s;

• Failing to provide an easy “opt-out” option
• Sending messages to those who have already opted out
• Including false or misleading content
• Including false information in the header (source, path, subject line)
• Failing to include :ADV as the first item in the header
• Use of another internet domain name without permission
• Violating e-mail service provider policies

To determine whether your state has an Anti-Spam statute visit the National Conference of State Legislatures website here: http://www.ncsl.org/programs/lis/legislation/spamlaws02.htm.
For more information related to Spam laws, including details on the national CAN-SPAM Act please attend our next VirtuaClass presentation of Internet Legal Compliance.

This entry was posted on Saturday, August 9th, 2008 at 12:47 pm and is filed under Legal. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.