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E-Marketers Taking Risks with New Spam Laws

April 21 2004

More than one third of e-mail marketing offers tracked in a recent study by JupiterResearch are not compliant with the federal Can-Spam Act.

For the report, 'Complying with Can-Spam: Optimizing E-mail Practices to Mitigate Risks', JupiterResearch tracked over fifty leading e-mail marketers in a variety of industries including retail, travel, media and financial services to measure how well they complied with the new federal Can-Spam Act.

While the majority provide a working opt-out mechanism, many fall down on the finer points of the federal law. Only 64% of the messages included the street address of the sender, now a legal obligation; nearly one-quarter of marketers continued to send messages after opt-outs were submitted and 16% sent messages after the legally prescribed 10-business-day period; and in the accompanying executive survey, one-quarter indicated that their opt-out suppressions occurred monthly, quarterly or never.

'E-mail marketers that are not complying with these most basic aspects of the law are leaving their company unnecessarily exposed to the risk of legislation, fines and doing what amounts to a virtual high wire act without a net', said David Daniels, Research Director at JupiterResearch.

Jupitermedia Corporation is on the web at www.jupitermedia.com

All articles 2006-23 written and edited by Mel Crowther and/or Nick Thomas, 2024- by Nick Thomas, unless otherwise stated.

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