CAN-SPAM Compliance Lawyer
This attorney helps businesses comply with email marketing law
Email marketing is replacing conventional mail as a way to engage customers, promote products and drive sales. A company can also derive income from an email newsletter with affiliate links from companies like Amazon. However, it is critical to comply with the CAN-SPAM Act of 2003, which forbids certain email practices and establishes substantial penalties. Andrew M. Jaffe, Attorney at Law provides trustworthy legal guidance so businesses can avoid the pitfalls of noncompliance while maximizing the commercial potential of their email communications.
Understanding the CAN-SPAM Act
The term SPAM refers to unwanted business correspondence in the form of emails. Since the dawn of the Internet, voluminous and relentless SPAM has been the bane of anyone with an email address. After a decade of complaints, the U.S. Congress finally responded
Enacted in 2003, the CAN-SPAM Act (short for the Controlling the Assault of Non-Solicited Pornography and Marketing Act, 15 U.S.C. §§ 7701–7713) applies to any emails whose primary purpose is advertising or promoting a commercial product or service. These include e-commerce newsletters, sales promotions and transactional emails.
Noncompliance with the CAN-SPAM Act carries significant consequences, such as:
- FTC fines — Each noncompliant email to a recipient is a separate violation. Thus, a single noncompliant send to 10,000 recipients could result in millions of dollars in penalties.
- Civil lawsuits — Internet service providers or recipients can sue for liquidated damages ranging from $100 to $250 per violation.
- Criminal penalties — Willful violations carry a potential sentence of five years in prison plus fines.
In addition, noncompliance with the CAN-SAM Act can hurt relations with potential customers trust and can lead email services to blacklist senders.
Importance of hiring an Internet law attorney
A skilled Internet and social media law attorney can assist businesses navigating the complexities of the CAN-SPAM Act. I regularly help clients by:
- Drafting compliant policies
- Review marketing practices and materials
- Advising on related laws, such as the GDPR, which intersect with email marketing.
- Defending against civil claims and FTC enforcement actions
Getting trustworthy advice before your initial emails minimizes your financial and legal exposure.
Contact a knowledgeable attorney for CAN SPAM Act compliance
Andrew M. Jaffe, Attorney at Law in Fairlawn offers trustworthy guidance for CAN SPAM Act compliance for business emails. To schedule a consultation, call 330-845-6027 or contact my office through email at [email protected].
