The CAN-SPAM covers all commercial messages and the law defines it as “any electronic mail”. There are three different types of information which are: commercial content, transactional or relationship content, and other content, along with different rules for each content. According to the article “if the message contains only commercial content, its purpose is commercial and it must comply with the requirements of CAN-SPAM. If it contains only transactional or relationship content, its primary purpose is transactional or relationship. In that case, it may not pertaining false or misleading routing information, but is otherwise exempt from most provisions of the CAN-SPAM Act”. Each email in violation of the Act will be subject to penalties of up to $16,000 and some will also be held imprisonment for the act. All parties included in the email is subject to the penalty depending on the email because it will determine the consequences of each party. The article states, ” e-mail that makes misleading claims about products and services also maybe subject to laws outlawing deceptive advertising,like Section 5 of the FTC Act.” Thus, there are aggravated violations that will rise a fine. For sexual explicit email there are seperate rules that apply. A warning on the message “SEXUALLY-EXPLICT” it is equivalent to a “brown paper wrapper” when the message opens you will not be able to view it. No grafics allowed on the wrapper. The FTC works with the consumer to prevent wrong doing. FTC is used by many agencies in the United States like law enforcement criminal or civil. Any questions or comments for the FTC can be answered by calling 1877-FTC-HELP.
Monitoring what others are doing on your behalf. One must still follow and monitor the e-mail don’t leave your responsibility for another to aviod the law. Because both parties in the e-mail will be in violation and subject to a penalty. So ignoring this could cause some bad consequences for you.
Don’t use false or misleading header information. When you send out a e-mail identify yourself and where the message comes from. A message could be put in spam or get over looked because the header is misleading to the receiver. Include your accurate domain name and e-mail address so you can br identified.
Don’t use deceptive subject lines. Make sure the subject line reflect the contect of the message. Not knowing the subject line can cause a person to delete the message or not even look at it. When the subject line is accurate to the message it will not be defined as deceptive to a person it could be a turn off to some peole.