Don’t Get Slammed for Spam—Understanding the Email Rules for Businesses

more+
less-

Most New York and New Jersey businesses use some form of email marketing. However, many are not aware that emails that are commercial in nature must comply with certain rules established by the CAN-SPAM Act. Moreover, failure to do so can result in costly penalties of up to $16,000 per email.

As noted above, the rules only apply to commercial messages. Commercial messages advertise or promote a commercial product or service. Meanwhile, transactional or relationship messages, which facilitate an already agreed-upon transaction or update a customer about an ongoing transaction, are exempt from most provisions of the CAN-SPAM Act.

If the email contains both commercial and relationship content, the primary purpose of the communication must be determined. The Federal Trade Commission, the entity responsible for enforcing the CAN-SPAM Act, offers the following guidance:

LOADING PDF: If there are any problems, click here to download the file.

Published In: Business Organization Updates, General Business Updates, Communications & Media Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Daniel Brecher, Scarinci Hollenbeck | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »