New US and European Laws
CAN-SPAM Act, California Law, European Laws and regulations
- we follow up new anti Spam laws, regulations and rules
and summarize them on this page, updating information
at least once per week.
Please be sure to bookmark this page, for an easy access.
USA – CAN-SPAM Act
Main Requirements of the Can Spam Act:
1. Include truthful e-mail headers including the “from”
line
2. Use accurate subject lines
3. Provide a clear and easy to use Opt-out Procedure
CAN SPAM act requires that every advertiser provides an unsubscribe e-mail
address, in addition to the list owner. The list owner and the advertiser
have to maintain accurate opt-out files. By providing FlyingPost with an
unsubscribe e-mail address, you can accurately and efficiently update your
suppression file for total compliance.
Your suppression files will be purged from the names you have ordered, so
that we ensure no one receives a mailing from you that has requested not to.
Please send us your suppression files 48h prior to the start of your
campaign. This is a free service, FlyingPost will not charge its clients for this service.
4. Process opt-out requests within 10 business days
of receipt
5. Put a link to a physical postal address in all messages
This address is intended to help recipients of your message reach the
advertiser if they have any questions on the product or service offering or
to request not to receive future offers from this mailer.
6. Label messages as Ads unless there is a previous
customer relationship. We do not believe # 6 is a requirement
for permission e-mail, since there is always a prior
customer relationship which includes granting actual
or implied customer permission or “opt-in”
to receive commercial e-mail messages.
You can download the entire Can Spam Act by clicking
here
http://www.spamlaws.com/federal/108s877enrolled.pdf
EU directive and the UK policy on direct marketing.
- UK privacy regs - related to the UK
http://www.dti.gov.uk/industry_files/pdf/regulations_20030918.pdf
- Each member state in EU will have different regulations.
They are all based on the EU Directive:
http://europa.eu.int/scadplus/leg/en/lvb/l24120.htm
This text contains a link to the actual directive which
is called 2002/58/EC.
For the full text see
http://europa.eu.int/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=en&type_doc=Directive&an_doc=2002&nu_doc=58
USA: California Law SB 186
California's SB 186, which goes into effect January
1, 2004, defines unsolicited commercial email as "a
commercial e-mail advertisement sent to a recipient
who meets both of the following criteria
- The recipient has not provided direct consent to
receive advertisements from the advertiser.
- The recipient does not have a preexisting or current
business relationship...with the advertiser promoting
the lease, sale, rental, gift offer, or other disposition
of any property, goods, services, or extension of credit."
SB 186 further states that it is unlawful to send unsolicited
commercial email to or from the state. For a complete
copy of the law, please visit
http://info.sen.ca.gov/pub/bill/sen/sb_0151-0200/sb_186_bill_20030924_chaptered.pdf
The federal CAN-SPAM ACT overrides major provisions
of state antispam laws, including the above California
law that would have prohibited unsolicited commercial
e-mail.
How we capture and store permission
data
- All our members are single or double opt-in permission-based
members, targeted by an extensive number of topics and
filters, thus ensuring highly relevant content delivery.
- Also, they are offered an easy one-click link to unsubscribe
from a single topic of interest or from the entire list.
- They can also access their profile and change their
preferences at any time. This is key to allow users
to "fine-tune" what they get, as opposed to
ONLY having the option to unsubscribe.
When we capture and store permission data, we electronically
document the origin of the permission, their IP Address
and all relevant subscription data they offered at sign-up.
Not only is it a proven fact that "asking"
for more data at sign-up assures a greater long-term
relationship, but it also provides your company with
the greatest possible opportunity to deliver highly
relevant content
See our new inventory
Delivering engaging, Spam-free email messages
FlyingPost takes care that your creative
complies with new anti Spam laws:
Postal address is automatically added at the end
of each message
The biggest trend today at ISPs is to block a message
by Spam filters, even to double opt-in lists, simply
because of its wrongly formatted format or content.
If you wrongly format the HTML creative, content body,
subject line, email header and more…your message
is at risk to be blocked by certain ISPs and corporations.
Less audience would see it, therefore generating less
results.
We at FlyingPost clean all these mistakes for our
you, so you do not have to worry about raising the “Spam
score” these filters apply. We constantly monitor
these systems and their methods and advise you on what
words and what formats to not use.
We are conducting true, permission-based email communications.
The Bottom Line: Let us help you deliver Spam-free,
engaging email messages and build customer retention
and prospect development like you've never experienced
before.
Contact us for more information
marketing@flyingpost.com
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