Email Marketing Is Back!

As federal and state regulators continue to crack down on telemarketing and text message marketing, businesses are now transitioning back to email marketing to reduce Telephone Consumer Protection Act ("TCPA") regulatory action and litigation risk. With this renewed reliance on email marketing, now is a good time for a refresher course on compliance with the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 ("CAN-SPAM").

CAN-SPAM and State Email Marketing Laws

Enacted in 2003, CAN-SPAM is a federal law that sets forth specific requirements for email marketing. Among other things, CAN-SPAM prohibits the use of false or misleading header information in email "From," "To," and "Reply-To" lines. In addition, the originating domain name and email address must be accurate and not misidentify the person or business that sent the subject commercial email.