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(Disclaimer: This is a general discussion about the CAN-SPAM law. This is not legal advice. For specific information contact a real attorney.)
I was explaining the tremendous value of mass emails in a recent eMinistry workshop when a participant stopped me to ask a question:
"Didn't that new Federal spam law make it illegal to send unsolicited emails?"
Good question! The Federal CAN-SPAM law went into effect January 1, 2004 to help eliminate deceptive email practices -- not to eliminate all mass emails. According to the FTC, the law covers email whose primary purpose is advertising or promoting a commercial product or service. A "transactional or relationship message" – email that facilitates an agreed-upon transaction or updates a customer in an existing business relationship is not covered. (Email to your existing members and visitors is not restricted by CAN SPAM because you already have a relationship with them.)
Even if you are doing commercial advertising, the law is not very restrictive. The major points of the law are outlined by a fact sheet published by the FTC and deal entirely with deceptive practices and refusal to honor unsubscribe requests.
The rules:
- You cannot fake your sending address.
- You cannot use deceptive subject lines.
- You must allow people to unsubscribe, and honor the request within 10 days.
- You must clearly identify the purpose of the email and publish a physical postal address.
- You cannot sell, rent, or distribute names of people who have unsubscribed.
To answer my workshop participants question - No it is not illegal to send mass emails as long as you are not using deceptive addresses or subjects.
I can't recall any churches that I've worked with who are using email deceptively. But, here are three "DOs" to make sure there is no chance of brushing up against the CAN-SPAM restrictions:
- DO send emails from a real address and monitor the replies.
- DO offer an unsubscribe option, and honor it.
- DO post a unsubscribe message and postal address in each mass email.
Remember, these guidelines only apply to commercial, unsolicited, emails. Your weekly volunteer notices to members have no restrictions except that you not fake the routing information.
Email is a fantastic tool for improving communications with members and spreading your message in the community. It is the most efficient method of communicating with most young people and families. Don't let the fear of CAN-SPAM prevent you from using mass emails.
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