From Marketing Sherpa (public access will be removed after July 10):
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"Friday, July 1, 2005, two new state laws come into effect. Apparently CAN-SPAM can't supersede them because these laws are *not* worded as anti-spam laws. They're child protection laws.
...
o Purge files for list owners to run their lists against, to eliminate registered names from possibly-illegal mailings. Pay a fee & do it every 30 days.
o Opt-in status and "existing business relationships" have no bearing.
o Penalties include fines, jail time, and felony charges.
o Funds are being set aside to prosecute offenders, plus individual email recipients (such as parents) are encouraged to bring civil action against even one-time offenses.
o Expect similar laws in other states shortly."
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Let's say you send out a thank-you letter to your customers including those in Michigan and Utah, with a recommendation for your favorite books, say, "Lighting for Videographers" and "How to Read the Bible", with links to the Amazon pages for these titles.
Now you risk some entepreneuring parent in these states accessing new state prosecution funds to sue your business into the ground, with "fines, jail time, and felony charges."
Why?
Because you, the Defendant, linked to a site that contained "content forbidden for minors" (meaning "information on, or ads about, any product that a young person under 18 "is prohibited by law from purchasing or possessing"), in this case the content being articles in the Wall Street Journal on how to get the best interest rate on home mortgages.
Or you link to an article about fuel efficient cars on the Christian Science Monitor web site, which unfortunately happened to have an ad for an Evangelical Christian Dating Service (minors are not allowed to use dating services!) when the parent Googled their site for lawsuit bait, knowing that their civil lawsuit would be paid for with state funds, and ditto for the FELONY criminal prosecution.
Or say the CS Monitor site has an article on credit cards (illicit information for minors, since they aren't allowed to use them).
So consider carefully if it's worth communicating with customers in UT & MI, the penalties are severe. You can't rely on underfunded police departments setting this aside, since these laws specifically encourage parents to file law suits with state funding.
I wish everybody a nice Independence Day on Monday, in celebration of our independence from oppressive tyranny.
Frankly, I'm beginning to think that Grazie's ancestors weren't so bad after all... :O|
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"Friday, July 1, 2005, two new state laws come into effect. Apparently CAN-SPAM can't supersede them because these laws are *not* worded as anti-spam laws. They're child protection laws.
...
o Purge files for list owners to run their lists against, to eliminate registered names from possibly-illegal mailings. Pay a fee & do it every 30 days.
o Opt-in status and "existing business relationships" have no bearing.
o Penalties include fines, jail time, and felony charges.
o Funds are being set aside to prosecute offenders, plus individual email recipients (such as parents) are encouraged to bring civil action against even one-time offenses.
o Expect similar laws in other states shortly."
--------------------------------------------------
Let's say you send out a thank-you letter to your customers including those in Michigan and Utah, with a recommendation for your favorite books, say, "Lighting for Videographers" and "How to Read the Bible", with links to the Amazon pages for these titles.
Now you risk some entepreneuring parent in these states accessing new state prosecution funds to sue your business into the ground, with "fines, jail time, and felony charges."
Why?
Because you, the Defendant, linked to a site that contained "content forbidden for minors" (meaning "information on, or ads about, any product that a young person under 18 "is prohibited by law from purchasing or possessing"), in this case the content being articles in the Wall Street Journal on how to get the best interest rate on home mortgages.
Or you link to an article about fuel efficient cars on the Christian Science Monitor web site, which unfortunately happened to have an ad for an Evangelical Christian Dating Service (minors are not allowed to use dating services!) when the parent Googled their site for lawsuit bait, knowing that their civil lawsuit would be paid for with state funds, and ditto for the FELONY criminal prosecution.
Or say the CS Monitor site has an article on credit cards (illicit information for minors, since they aren't allowed to use them).
So consider carefully if it's worth communicating with customers in UT & MI, the penalties are severe. You can't rely on underfunded police departments setting this aside, since these laws specifically encourage parents to file law suits with state funding.
I wish everybody a nice Independence Day on Monday, in celebration of our independence from oppressive tyranny.
Frankly, I'm beginning to think that Grazie's ancestors weren't so bad after all... :O|