You've Got Mail! It's National Email Week.

Celebrating Email Communication and Understanding the CAN-SPAM Act

National Email Week is observed every year during the second week of June. This year, it will be observed from June 10 to June 16. This week is a time to recognize and celebrate how email has transformed the way we communicate, while also educating users about the importance of compliant and responsible email practices.

Since its early beginnings in 1965 with MIT's "MAILBOX" program, email has become an integral part of our daily lives. By the 1980s and 1990s, email services like Hotmail and Yahoo were connecting people globally, making email the most used tool for personal and professional communication. Without a doubt, email has revolutionized communication. National Email Week is the perfect time to reflect on the wonders of email communication and

its impact on our daily lives, including business communications. There is also no better time for businesses to learn about the laws governing "commercial" email messages.

The Controlling Assault on Non-Solicited Pornography and Marketing (CAN-SPAM) Act of 2003 regulates commercial messages, including business-to-business emails. Under the CAN-SPAM Act, a "commercial" message is "any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service."

Here is a summary of the main requirements for sending commercial email messages:

1. Consent: The sender must obtain the recipient's consent before sending commercial messages to the recipient via email.

2. Subject Line: The subject line must clearly and accurately reflect the email's content.

   Header: The header ("From"; "To"; "Reply-To"; and routing information) must accurately identify the sender.

3. Notice: The email must clearly state that it is an advertisement or promotion.

4. Address: The email must include a valid physical postal address for the sender.

5. Opt-Outs: The email must provide a clear, easy-to-use method for the recipient to opt out of future emails. If the email provides options to opt out of specific types of messages, it must also provide an option to opt-out of all messages.

6. Promptness: The sender must honor the recipients opt-out request within 10 business days of the request.

7. Accountability: The sender is ultimately responsible for compliance, even when the sender outsources its email marketing.

As businesses enjoy the benefits of email, it is crucial to maintain the integrity and effectiveness of this powerful communication tool. This year, you can celebrate National Email Week by learning about the CAN-SPAM Act and other laws governing business-related email communications and taking steps to ensure that your company’s email practices comply with the relevant laws.