How to comply with the Can Spam Act, as well as adopt best practices.

By Alan Rimm-kaufman

Consumers can’t sue spammers, but ISPs (e.g., AOL, MSN, Yahoo!) can sue those using fraudulent techniques. Additionally, the Act allows for fines and jail time for violators.

As noted, the law may do relatively little to stop spam altogether, because it doesn’t ban spam outright. To repeat: Can Spam does not prohibit e-mailing individuals without their prior consent. But you must comply with specific provisions regarding notification and what’s included in the messages.