Californian Anti Spam Law

 

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GraphicMail Prepares for New Californian Anti-Spam Statutes

April 12, 2012

 

Author: Wikus Engelbrecht


GraphicMail amends its sender vetting process to enforce compliance with strict new Californian spam laws that look to reframe email marketing practices in the US.

Email marketing service provider GraphicMail is currently readdressing its client-vetting and anti-spam systems to ensure user adherence to the Californian court’s latest ruling about email sender identification - as reported on in early March by US-based digital legal intelligence service JDSupra.

GraphicMail is busy making additions to the sender approval staircase cemented into its application which will help new and existing clients to comply with this legislature by default.

With thousands of registered users located in the US alone, GraphicMail has immediately taken action on the mid-March ruling which is set to render commercial emails to be more traceable and transparent, helping reduce some of the misrepresentation which has become commonplace in digital communications today.

Due to Supreme Court jurisdictional guidelines, the Californian spam law will apply to any US-based company sending email to consumers within California, regardless of the state of origin.

According to Shaun Swanepoel, Systems Administrator at GraphicMail, "Most ESPs are already complying with CAN-Spam by enforcing the inclusion of headers and footers that directly identify marketers with every email sent. With the new Californian law coming into play, we are also strongly considering taking steps to expand our own vetting process to include strict 'from address' and 'from name' examination and testing, which will ensure that all our clients are operating from a publicly registered domain and, in doing so, be compliant with the new statute."

California State has long been known to enact statutes that are stricter, more limiting and more detailed than the CAN-Spam national standard. It’s one of the most important anti-spam statutes in America, simply because historically it has been an area where consumers and the government have been highly active in enforcing the law.

The spam law mainly refers to the headers of the email; which means senders cannot use false, misleading or deceptive identification, including “from”, “to”, “reply to”, or even “subject lines.”

The intention behind this significant new statute is to make sure that marketers and their affiliate networks can no longer send promotional email that contains both a generic ‘from line’ and that references a proxy/privately registered domain name that doesn’t identify them directly.

Commercial email advertisements (in other words, email sent specifically to sell a product or advertise a service) must now include a domain name which is registered to the sender in the "from" line of the email, or the name of the sender or marketer on whose behalf the email was sent.

Everyday companies that are doing online marketing will need to be careful about sending their email campaigns only if they’re compliant with both Californian state law and the federal CAN-Spam act.


About GraphicMail

Quattro Internet Solutions (Ltd) t/a GraphicMail is a hosted email marketing solution which lets users design newsletters, manage contact lists and track campaign performance. The platform provides seamless email marketing and publishing features that are easy and affordable enough for small businesses, yet powerful for large companies looking for a corporate-scale solution. GraphicMail offers mobile marketing services, such as bulk SMS / text campaigns and SMS sends with links to mobile sites that can be tracked and analyzed. They also offer social media integrations in the form of social sharing features and social data gathering tools. The company has been used by customers such as, Shell, the American Medical Association and Dell Empower since 2002. The product is available in 11 languages and is represented by 18 offices globally.