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The E-mail Skinny: The Ten Million Dollar Spam Law


The E-mail Skinny: The Ten Million Dollar Spam Law


Email Marketing: The Ten Million Dollar Spam Law

Source: The E-mail Skinny

By: hey4ndr3w

Our neighbors to the north may be the last of the G8 countries to adopt an anti-spam law, but when it’s enacted later this year (as most analysts agree it will), Canada’s new law will be among the very strictest, creating penalties of up to 10-million Canadian dollars (or just under 9.87-million U.S. dollars) for businesses who send spam into or within Canada.

Bill C-28, dubbed the “Fighting Internet and Wireless Spam” Act (or “FISA”, for short) imposes new requirements on senders of just about every type of electronic messaging, including mandates that stretch well-past the minimal requirements for e-mail under the U.S. CAN SPAM Act of 2003.

Under CAN SPAM, senders are required to abide by a series of labelling requirements, provide a working unsubscribe mechanism, and honor unsubscribe requests within ten business days. CAN SPAM, however, has never required that senders obtain prior consent from recipients. FISA requires either explicit permission, or implicit permission in the form of an existing business relationship or a conspicuous publication of the recipient e-mail address. If the publication of the address is accompanied by an instruction not to send unsolicited e-mail, it doesn’t count as implicit permission. FISA creates a two-year window from the date an address was collected without explicit permission to try and convert it to explicit permission. If after two years explicit permission is not obtained, the sender must suppress the address. Both CAN SPAM and FISA explicitly preclude sending to addresses that have been automatically “harvested” from web sites.

CAN SPAM grants enforcement powers to the FTC, and gives ISPs the right to bring action against infringing senders themselves. FISA, in contrast, provides no criminal penalties, but allows both ISPs and individual recipients of spam to pursue civil action against senders.

Email Marketing : The Ten Million Dollar Spam Law

  • Profile:  Jeff Ginsberg has 17+ years’ experience and is an industry known authority on email marketing who gets in the trenches with clients and helps them fulfill their marketing objectives, increase revenue and brand engagement. Clients rely on him and his team at The eMail Company to provide them with expertise from strategy to technology and from campaign management to channel integration. Jeff has worked with clients across all spectrums in the financial, automotive, retail and consumer packaged goods space. His experience covers both B2B and B2C markets. He has a strong background in educating and training agencies and clients about email best practices and is a wealth of knowledge when it comes to marketing tools and vendor selection. While Jeff’s team may be small, they know how to solve BIG email marketing problems. Looking for help with your next campaign? Don’t be afraid to give him a call – Jeff and his team ready to help you today. Give me a call: Toll Free: 877-We-eMail (877-933-6245) Local: 416-225-7711 eMail: jeff@theemailcompany.com
  • Website:  http://www.theemailguide.com
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  • LinkedIn:   http://ca.linkedin.com/in/chiefemailofficer
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