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And there’s a risk that the list was put together using illegal means like address harvesting or dictionary attacks.
Therefore, some companies choose to send marketing email only to people who have affirmatively asked to receive them or with whom the company already has a business relationship.
Of course, in many cases, the primary purpose of email sent by and to those groups isn’t commercial, and thus the Act wouldn’t apply.
But when the primary purpose of the email commercial, both initiators and senders of messages to group members are responsible for complying with the applicable provisions of CAN-SPAM.
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If it’s a commercial email, that would meet the definition of “initiate” under the law and could result in CAN-SPAM liability.FTC attorney Christopher Brown answers some of the CAN-SPAM questions businesses are asking. CHRISTOPHER: The CAN-SPAM Act doesn’t require senders to identify the message as an advertisement in the subject line.I’ve heard that the CAN-SPAM Act requires senders to identify each commercial email message as an advertisement. Initiators of commercial email only have to identify the message as an ad in a way that is “clear and conspicuous.” The law gives you flexibility in how to do that effectively, but remember that deceptive subject lines are illegal.Email is an essential part of most companies’ marketing strategy.If you send commercial email – or have others send it for you – are you complying with the CAN-SPAM Act and the FTC's CAN-SPAM Rule?