How to Comply with the Can-Spam Act

Provided by HEP Development Services

To best comply with this new legislation, all eMails sent by your organization should:

1. Provide clear identification of the sender.  This should include a valid return e-mail address and Internet location from which the message has been sent both which identify the sender.
2. Enable recipients to request your organization not to send any further commercial e-mail to them.  Two available choices for the opt-out are through a return eMail address or an Internet based unsubscribe.  The opt-out must be operative for at least 30 days after the commercial eMail was sent and must be clear and conspicuous.  Once a recipient has “unsubscribed”, the sender has 10 business days after receipt of the request to ensure that the recipient is removed from the eMail address lists.  After 10 business days, no further commercial eMail may be sent to that recipient by the sender or anyone acting on the sender’s behalf.
3. Clearly note that the eMail is an advertisement or solicitation.  At this point there is no specific language required; commercial eMails should include “this may be considered a solicitation for purposes of the CAN-SPAM Act”.  Please note this statement is not necessary if the recipient has given prior affirmative consent to receipt of such messages.  Affirmative consent generally means that the recipient has expressly consented to receive the message, either in response to a clear and conspicuous request for such consent or at the recipient’s own initiative.
4. Contain a valid physical postal address of the sender.
5. Must not contain any materially false or misleading transmission information.  Typical transmission information includes the eMail and IP addresses of the person sending the eMail as well as the subject description.

For more information on HEP Development Services visit www.hepdata.com

May 2004

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