Claiming CAN-SPAM compliance?

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alex.barylski
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Claiming CAN-SPAM compliance?

Post by alex.barylski »

Legally, am I allowed to make a remark at the bottom of my newsletter explaining that I at least "attempt" to remain a CAN-SPAM compliant subscription service?

I require double opt-in
I have a clearly visible unsubscribe link
I include my physical postal address
I am not advertising porn
I do not break any typical SPAM rules set forth by ISP's - I assume as my test email is going through fine.

Is it safe to indicate that I wish to remain CAN-SPAM compliant at the footer of my emails newsletters?
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Christopher
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Re: Claiming CAN-SPAM compliance?

Post by Christopher »

Honestly, no one here can give you that kind of legal advice. Plus you are Canadian and are discussing an American law. And finally, there is no such thing as "CAN-SPAM compliance." It's a law, not a standard. Either you are convicted of breaking it, accused of breaking it, you are following the advice of a lawyer to eliminate potential criminal liability if intent (different than being innocent), or not.

http://www.ftc.gov/bcp/conline/pubs/bus ... nspam.shtm
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alex.barylski
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Re: Claiming CAN-SPAM compliance?

Post by alex.barylski »

It's a law, not a standard
Thats a very good point. :)

I have seen some emails however which do claim to "send emails in accordance to CAN-SPAM". I'm wondering if:

1) It's required when sending emails within the US
2) Just sounds good

I should seek the advice of a lawyer I guess...
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Christopher
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Re: Claiming CAN-SPAM compliance?

Post by Christopher »

Yes to the lawyer if you are concerned. I think the "send emails in accordance..." is a little like "our drivers obey the speed limit...". It does not mean that they don't need insurance. ;)
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alex.barylski
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Re: Claiming CAN-SPAM compliance?

Post by alex.barylski »

arborint wrote:Yes to the lawyer if you are concerned. I think the "send emails in accordance..." is a little like "our drivers obey the speed limit...". It does not mean that they don't need insurance. ;)
Haha...agreed. :lol:
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Christopher
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Re: Claiming CAN-SPAM compliance?

Post by Christopher »

If you do find some more information about or even what questions to ask a lawyer, please let us know. And there are a number of you pesky kanucks aboot these forums, so the Canada/US information may be of interest as well...
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Kieran Huggins
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Re: Claiming CAN-SPAM compliance?

Post by Kieran Huggins »

CAN-SPAM is more of a "don't be a jerkstore" law than an actual law. The FTC has stated that they don't have the resources to hunt down anyone but the worst offenders.

It's the same idea as surviving a bear attack: you don't have to be faster than the bear, only faster than the guy next to you.
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