By Paul D.
McGrady, Jr., Shareholder, Greenberg Traurig / Author, McGrady on Domain Names
The bottom line with CAN-SPAM is to not get
cute. You want to have a CAN-SPAM policy
indicating what kinds of emails you will send, who you will send them to. Importantly, who's going to get the
unsubscribe emails and act on those promptly so that additional emails don't go
The reason why small businesses should be concerned
about CAN-SPAM is that there is a statutory damages provision in CAN-SPAM, and
emails are cheap and easy to send. It's
very important that you don't allow yourself to get so far behind the eight
ball and get into a lawsuit or compliance situation that you're really not able
to defend or settle because the dollar amounts are so high.
There are companies out there that will do
marketing campaigns and they will take on the responsibility for CAN-SPAM
compliance. But when you look at those
contracts, take a very good look at the indemnification provision to see, if
something goes wrong, who's responsible for acting on the unsubscribe requests
and the timeframes within which they are responsible to act. Because if they have the responsibility to
act and there's no baked-in timeframe, if they take the email off a week later
and five more messages have gone out, you've already got an angry
customer. And that angry customer is
very capable of reporting you to appropriate government authorities and that's
where trouble starts.
learn more, join me for a complimentary CLE Credited LexisNexis® Webinar:
Starting an Online Business - Best Practices, on June 14, 2011, at 2 p.m.
Eastern time. To learn more about the webinar or register, click here http://www.eventsvc.com/LexisNexis_HB.
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