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Subject: What is spamming?
Question: I want to advertise my site by sending a LOT of emails out - how can I do it without getting in trouble?
Answer: (October, 2008)
Perry R. Staub Jr. | Taggart Morton L.L.C. | 1100 Pydras Street, Suite 2100 | New Orleans, LA 70163
Under LA RS §14:73.6, it is illegal to send unsolicited bulk electronic mail in violation of the policies set by your email provider. It is also illegal to falsify or forge email routing information in connection with the transmission of unsolicited bulk electronic mail. “Unsolicited bulk electronic mail” is defined by LA RS §14:73.1 as “any electronic message which is developed and distributed in an effort to sell or lease consumer goods or services and is sent in the same or substantially similar form to more than one thousand recipients.” (Emphasis added) Therefore, as long as you are sending the emails to fewer than one thousand recipients or you are not in violation of your email provider’s policies and the emails you send do not contain falsified routing information, the sending of unsolicited messages is not a violation of Louisiana law. The CAN SPAM Act of 2003 (15 U.S.C. 7701, et seq.) is a federal law that also establishes regulations for those who send out unsolicited commercial emails. Similar to the Louisiana statute, this law prohibits false or misleading routing information. However, the CAN SPAM Act also bans deceptive subject lines, requires the sender to give recipients an opt-out mechanism, the email must be identified as an advertisement, and the sender’s valid physical postal address must be included. It is important to note that, unlike the Louisiana statute, the CAN SPAM Act does not require the email be sent to a specific number of recipients. It must simply be commercial in nature.
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