AY Mail and CAN-SPAM Act
On January 1, 2004, a new law took effect -
"Controlling the Assault of Non-Solicited Pornography
and Marketing Act of 2003" or CAN-SPAM Act.
The CAN-SPAM Act is directed against "spam" (unsolicited
commercial email), but it is still very advisable to take
precautious measures in order to protect yourself and your
business in case of the complains from your recipients.
The act affects delivery of commercial and promotional email.
If your messages are of "transactional or relationship" nature,
they are exempt. However, if your message contains advertisement
of some sort, it can easily fall under influence of the CAN-SPAM Act.
CAN-SPAM Act requires you to:
Have correct headers. Your "From" and routing
information must point to you and your computer or your
ISP's SMTP server.
Have a subject line that reflects content of your
message. Deceptive subject lines are prohibited.
Give your recipients an opt-out method. You must provide
clear and easy way for them to cancel any future correspondence
Identify a commercial email as advertisement and
include your physical postal address in the message.
Commercial email will not count as illegal if your recipients
consented to receive that information and that
consent is affirmative.
Third parties that you may use to handle your sendings will
not be held liable if violation of the law occurs, it is
AY Mail will help you to comply with new law.
AY Mail does not put any false or misleading
information in email headers. Recipients will be able
to use headers to track you down. However, to comply with
CAN-SPAM Act, you must enter correct "From" address
and correct subject line on the Message tab.
The CAN-SPAM act requires you to give your recipients
an opt-out method. To comply with this requirement, it is enough
to use a valid "From" address, so that you could receive
opt-out requests and handle them manually. AY Mail 2 Professional
and Corporate Editions give you a way to create an automatic
Unsubscribe link so that you don't need
to worry about opt-out requests.
If you're running a newsletter, you must have
a proof that your subscribers asked for the information
you send. In this case, even if one of your subscribers files a
complain against you, you will not be charged. With AY Mail,
you can built a subscription form on
your website and you can set it up to send your subscribers
validation letters prior to
accepting the subscriptions (this is called double opt-in).
This ensures that your subscribers are genuine.
With AY Mail, you have everything under control,
and you don't have to relay to third parties providing
email service for a fee. This way, you do not give your data to
service companies and eliminate chance of them screwing something
up and sending letters that do not comply with CAN-SPAM Act on your
For more information on CAN-SPAM Act visit
Federal Trade Commission website.