CAN-SPAM Act of 2003 (S. 877) Compliance
The Spam Policy for IndustryNewsletters (IN), a division of HomeActions, LLC, was developed as an extension of our commitment to combine the highest-quality products and services with the absolute highest level of integrity in dealing with our clients. This Spam Policy is designed to assist you in understanding Federal Spam Law and how our systems maintain compliance.
CAN-SPAM ACT of 2003 (S. 877)
The “Controlling the Assault of Non-Solicited Pornography And Marketing” (CAN-SPAM) Act requires Unsolicited Commercial E-mail (UCE) messages to include opt-out instructions and the sender’s physical address if the recipient has not opted-in. It prohibits the use of deceptive subject lines and false headers in such messages. The FTC is authorized (but not required) to establish a “do-not-email” registry. State laws that require labels on unsolicited commercial e-mail or prohibit such messages entirely are pre-empted, although provisions merely addressing falsity and deception would remain in place. The CAN-SPAM Act was signed into law by President Bush on December 16, 2003 and took effect on January 1, 2004.
Our organization will ensure that all portions of the product under our control remain in compliance with Federal Spam Law. We will also implement procedures that reduce the chances that newsletters will be improperly stopped by client-side Spam filters. As such, the following practices will be implemented:
- “Reply-To:” email addresses for all newsletters will be set by IN clients in the IN Dashboard. The address must be valid and must be checked regularly.
- An unsubscribe link within each newsletter will allow any Member of any client to unsubscribe from that newsletter with a single click.
- Each newsletter sent to a prospect or referral will contain a footer with the client’s business address and the words, “In compliance with Federal Law, we disclose that this is a commercial email.”
The following activities are interpreted as Spam practices and are strictly forbidden by our organization:
- Sending email to non-specific addresses (ex. email@example.com or firstname.lastname@example.org) or distribution lists which then send indirectly to various other email addresses.
- Using a purchased or harvested list of any type.
- Ignoring unsubscribe requests sent to the “Reply-To:” address.
Our organization reserves the right to reject and remove any email address from the system if it is in violation of any of the above or if it is suspected of being a blacklist “feeler” address. Our organization may also impose a Prospect Opt-In requirement for clients with large lists of prospects.
Any client found to be using our products or services for spamming purposes may, at our discretion, be immediately cut off from the use of all products and services, with no refund of fees that have been paid. Our organization warns all of its clients when signing up that if they participate in spamming activities they will be subject to the loss of services and possible legal action.
Our organization has the right to actively review its clients’ subscriber lists (also referred to as a Member Database in the IN Dashboard) and email for potential Spam. If our organization suspects any clients to be spamming, it will issue a warning, and if the activities are serious enough, our organization will take action immediately. If our organization has any reason to believe the client, despite warning being given, threatens to or is continuing to send Spam, then our staff may take action immediately, including, but not limited to, disabling the client’s account.
Our organization does not attempt to censor any content or curtail the business of its clients. However, Spam activities do not fall within use authorized by our organization and will not be tolerated.
IndustryNewsletters (IN), a division of HomeActions, LLC, reserves the right to change this Policy at any time. If we do change the policy, we will provide notification of the change as quickly as possible before the change takes effect and will include directions for how you can respond to the changes. Continued use of our products and services after any such changes shall be considered acceptance of the new policy.
Questions regarding this Spam Policy should be directed to the IndustryNewsletters website by selecting the “Contact Us” tab or by calling us at (240) 408-4002.
This policy was last updated on July 2, 2015.