On March 28, 2005, The Federal Trade Commission’s regulations for the implementation of the CAN-SPAM Act will go into effect. As Joseph Lewczak of Davis & Gilbert points out in an article published at the Metropolitan Corporate Counsel, the regulations are meant to provide guidance on what emails will fall within the scope of the Act. According to Mr. Lewczak, "if an e-mail marketer wants a dual purpose e-mail not to be treated as a commercial e-mail under the Act, the steps it would need to take could be as simple as: (1) ensuring that the subject line only references the non-commercial content in a truthful, non-deceptive way; (2) placing the commercial content at the end of the message; and (3) for e-mails that have no transactional or relationship message, not overly highlighting the commercial content and keeping it short in proportion to the rest of the message." He also points out that the Act is vague and subject to interpretation – so it’s best to conduct a full review of your email marketing practices to ensure full compliance.
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