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Will California’s spam law kill your email marketing?

November 02, 2003 |

California’s new spam law prohibits the sending of unsolicited email advertisements. While the law is aimed at spammers, its wake is rippling towards every legitimate email marketer.

In case you haven’t heard, California’s new spam law prohibits the sending of unsolicited email advertisements starting January 1, 2004. While the law is aimed at spammers, its wake is rippling towards every legitimate email marketer.

Why? Because the bill takes an “opt-in� approach, similar to what the European Union has adopted. It makes it illegal for you to market to someone who a) you do NOT have a pre-existing transactional relationship with, or b) who has NOT given you direct consent to contact. It applies to any email address that is utilized by a resident of, or accessed from California. How many people does this include on your list? You’re not sure? Gulp.

This bill is very different than the smattering of legislation the US Congress is considering, like CANSPAM. These bills take an “opt-out� approach - giving the marketer the right to make first contact through email, but then placing the burden on the consumer to opt-out if they no longer want your spewage.

Get the full story at Opt-in News

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