Can-Spam requires an opt-in (not)

Domestic preparations for tonight's Austria vs England football match prevent me from blogging extensively today, so let's end the week with a pervasive myth.

I have lost count of the number of experienced experts and professionals who tell people that sending commercial email in the USA without getting the permission of the recipient violates federal Can-Spam law.

It comes as a shock, but Can-Spam does not require an opt-in. Check the FTC's website if you don't believe it.

Permission is necessary because it makes marketing sense, not because it's a legal requirement.

The danger here is that US marketers who forget the above point may assume wrongly that compliance with Can-Spam means they're likely compliant with other countries' anti-spam laws.

Laws in Europe and elsewhere tend to be much tougher about permission. Which is a good thing for email marketing, but that's another story. For info on the different laws out there, check these pages.

Tags: email marketing, can-spam, anti-spam, spam laws

Permalink | November 16, 2007 | 1 comment(s)
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1 Comments:

Bravo. It seems almost no one knows or understands your statement about the law. Essentially it is an opt-out law. I believe many of the complaints of spam received thru email marketing are due to ignorance. You are also very correct that you must understand the laws on a country by country basis. Be very careful in Australia!

Griff
http://eprospector.typepad.com/small_business_sales_and_/
By Griff, on 16 November, 2007

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