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CAN SPAM Act Impacts Spammers
A recent report reveals that four defendants, operating adult-oriented websites, and an affiliated email marketer have settled a Federal Trade Commission (“FTC”) complaint that alleged they had violated the Controlling the Assault of Non-Solicited Pornography and MarketingActof 2003 (the “Act”), which took effect on January 1, 2004. The FTC charged that the unsolicited emails sent by the email marketer were in violation of the federal law and the FTC Adult Labelling Rules by not having the required label for adult content, by displaying adult material, by using misleading header information and subject lines, and by not including an opt-out mechanism. Although the emails originated from the email marketer, the Act holds the affiliated website operators responsible as well. The defendants were required to pay $621,000 and to implement a monitoring scheme to ensure future compliance with the legislation by its marketers.
Another report indicates that Earthlink, a U.S. Internet service provider, has won several spam-related suits by showing spammers violated the Act through unsolicited emails. Violators have received jail time and/or have been required to pay restitution. The report also points to a recent study that indicates that fewer unsolicited emails are being sent in the U.S. since the Act took effect.
For a copy of the CAN-SPAM Act, visit
http://www.spamlaws.com/federal/108s877.shtml
For additional information, visit:
http://www.pcworld.com/news/article/0,aid,123607,RSS,RSS,00.asp