The federal CAN-SPAM Act of 2004 establishes the rules and requirements for sending commercial e-mail, which is defined as "any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service" (including any business-to-business e-mail and e-mails to former clients announcing a new product). The Act provides tough penalties for violations. Accordingly, agents sending commercial e-mail must observe the following do's and don'ts*:
In addition to the federal CAN-SPAM Act, the states in which you do business may have separate, additional requirements for sending commercial e-mail that may not be preempted by the Act. You should familiarize yourself with any such state law that may apply to your sending commercial e-mail to existing or prospective clients. There are also state and federal privacy laws that address information that can and cannot be sent via the Internet and the manner in which e-mails that contain non-public customer information must be sent (e.g., encryption, etc.) Please also refer to BPA 27 — Protection of Customer Personal Information (January 27, 2010) — regarding the Company's business practices regarding protecting customer privacy. * Information regarding the CAN-SPAM Act derived from Federal Trade Commission website: http://www.ftc.gov/bcp/edu/pubs/business/ecommerce/bus61.shtm, September 2009 Ohio National is not affiliated with, nor does it endorse or sponsor, any particular prospecting, marketing or selling system. |