Version 8.1 – Effective Date; May 2015
Requirements for Commercial E-Mailers
The CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography and Marketing Act) establishes requirements for those who send commercial email, spells out penalties for spammers and companies whose products are advertised in spam if they violate the law, and gives consumers the right to ask email marketers to stop spamming them.
The law, which became effective January 1, 2004, covers email whose primary purpose is advertising or promoting a commercial product or service, including content on a Web site. A “transactional or relationship message” – email that facilitates an agreed-upon transaction or updates a customer in an existing business relationship – may not contain false or misleading routing information, but otherwise is exempt from most provisions of the CAN-SPAM Act.
The Federal Trade Commission (FTC), the nation’s consumer protection agency, is authorized to enforce the CAN-SPAM Act. CAN-SPAM also gives the Department of Justice (DOJ) the authority to enforce its criminal sanctions. Other federal and state agencies can enforce the law against organizations under their jurisdiction, and companies that provide Internet access may sue violators, as well.
Here’s a rundown of the law’s main provisions:
Each violation of the above provisions is subject to fines of up to $11,000. Deceptive commercial email also is subject to laws banning false or misleading advertising.
Policy Statement Against Abusive Email Marketing Practices.
Global Zest produces complete end-to-end email marketing campaigns on behalf of clients. Global Zest (hereinafter “Global Zest”) policy is to comply with applicable provisions of federal and state laws governing email solicitation practices. This policy applies to Global Zest and its associates who solicit Global Zest and its customers’ products over the through email.
Global Zest and its associates take the following measures to ensure compliance with laws and regulations against abusive email marketing practices:
Global Zest follows best practices to verify the data and confirm the accuracy. Global Zest acquires data through multiple public sources and data partners, then uses it’s data team to do verification and Quality Control. We verify each email address present in our B2B list once in every months using automated mailbox pinging and manual opt-in email verification methods.
Global Zest also tele-verifies all the contact numbers once every Three months using dialers and telemarketers from our offshore call centers. Global Zest replacement policies are included in all the contracts and orders with details of the quality levels we guarantee. Global Zest also works with its partners diligently to maintain the quality levels with in the data elements effectively.
This policy applies to Global Zest and its associates who solicit Global Zest and its customers’ products over the through email.
Published for Global Zest’s internal use and for its clients as a source of information about current developments in the law and Global Zest’s internal compliance policies. This material is for internal circulation only. The material contained herein is not to be construed as legal advice or opinion. Global Zest may revise these terms at any time by updating this publication. You may request for a current copy of the Policy.
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