E-Marketers Not Fully CAN-SPAM Compliant

  |  April 20, 2004   |  Comments

Fully one-third of e-marketing messages don't meet the federal law's requirements, making marketers susceptible to legal action.

CAN-SPAM, designed to regulate the distribution of unwanted messages, is causing trouble for well-intentioned marketers. According to a new study from Jupiter Research (a unit of this site's corporate parent), "Complying with CAN-SPAM: Optimizing E-mail Practices to Mitigate Risks," roughly one third of email marketing offers are not compliant with the Federal act.

This finding comes as a result of tracking more than fifty leading email marketers from notable companies in a variety of industries, including retail, travel, media and financial services, allowing Jupiter Research to measure CAN-SPAM compliance.

While the majority of e-marketers that Jupiter surveyed provided working opt-out mechanisms, the research revealed that nearly one-quarter continued to send email marketing messages after opt-outs were submitted. Furthermore, 16 percent sent messages after the legally prescribed 10-business-day period.

The CAN-SPAM law requires email marketers to include legitimate return addresses and opt-out information in all the unsolicited messages that they send, while also outlawing fraudulent spam. Those who don't comply run the risk of penalties, and in extreme cases, prison terms. Jupiter stresses that well-intentioned email marketers should maintain full compliance to minimize legislative risk.

While e-marketers grapple with the legalities under CAN-SPAM, email users have seen little to no improvement in the volume of unwanted messages since January 1, 2004, when the law went into effect. Pew Internet & American Life Project found that there have been more unwanted messages in recent months, and email security provider, Postini, found no detectable decrease through March 2004.

ClickZ Live Toronto On the heels of a fantastic event in New York City, ClickZ Live is taking the fun and learning to Toronto, June 23-25. With over 15 years' experience delivering industry-leading events, ClickZ Live offers an action-packed, educationally-focused agenda covering all aspects of digital marketing. Register today!

ClickZ Live San Francisco Want to learn more? Join us at ClickZ Live San Francisco, Aug 10-12!
Educating marketers for over 15 years, ClickZ Live brings together industry thought leaders from the largest brands and agencies to deliver the most advanced, educational digital marketing agenda. Register today and save $500!

ABOUT THE AUTHOR

COMMENTSCommenting policy

comments powered by Disqus

ClickZ Today is our #1 newsletter.
Get a daily dose of digital marketing.

COMMENTS

UPCOMING EVENTS

Featured White Papers

Gartner Magic Quadrant for Digital Commerce

Gartner Magic Quadrant for Digital Commerce
This Magic Quadrant examines leading digital commerce platforms that enable organizations to build digital commerce sites. These commerce platforms facilitate purchasing transactions over the Web, and support the creation and continuing development of an online relationship with a consumer.

Paid Search in the Mobile Era

Paid Search in the Mobile Era
Google reports that paid search ads are currently driving 40+ million calls per month. Cost per click is increasing, paid search budgets are growing, and mobile continues to dominate. It's time to revamp old search strategies, reimagine stale best practices, and add new layers data to your analytics.

WEBINARS

Resources

Jobs

    • GREAT Campaign Project Coordinator
      GREAT Campaign Project Coordinator (British Consulate-General, New York) - New YorkThe GREAT Britain Campaign is seeking an energetic and creative...
    • Paid Search Senior Account Manager
      Paid Search Senior Account Manager (Hanapin Marketing) - BloomingtonHanapin Marketing is hiring a strategic Paid Search Senior Account Manager...
    • Paid Search Account Manager
      Paid Search Account Manager (Hanapin Marketing) - BloomingtonHanapin Marketing is hiring an experienced Paid Search Account Manager to...