Privacy, Data Collection and Information Management Practice Team November 13, 2003

Size: px
Start display at page:

Download "Privacy, Data Collection and Information Management Practice Team November 13, 2003"

Transcription

1 Overview of Current Anti-Spam Regulations Privacy, Data Collection and Information Management Practice Team The proliferation of unsolicited commercial , more commonly known as spam, has prompted legislatures to consider, and in many cases enact, legislation banning or at least regulating spam. As a recent and extreme example of this, in September 2003, California passed S.B. 186, which prohibits unsolicited commercial messages from being sent to California addresses or from being initiated from California. And California is not alone in passing anti-spam legislation most other states have some form of anti-spam laws, although legislation in other states so far has been in the form of spam regulation, such as requiring certain labels on the subject heading line and banning fraudulent activities, rather than banning all unsolicited commercial . While S.B. 186 does not go into effect until January 2004, its future is uncertain at this point. Constitutional challenges to the law by marketing and industry groups are almost certain to occur, and federal legislation may preempt S.B In fact, the U.S. Senate recently passed the CAN- SPAM bill which would regulate unsolicited commercial messages but would not ban such activity other than fraudulent or deceptive messages or practices. On the international stage, however, other countries and jurisdictions seem to favor opt-in requirements and a ban on commercial that is not sent with consent or not based on an existing relationship. This focuses on California s recently passed anti-spam legislation, and also addresses legislation in other jurisdictions and in some foreign jurisdictions, along with suggestions for complying with these laws. California Anti-Spam Law Scope S.B. 186, enacted at Cal. Bus. & Prof. Code ( California Anti-Spam Law ), was passed by the California legislature in September 2003 with an effective date of January It prohibits not only the sending of unsolicited commercial advertisements from California or to a California address but also advertising in any such unsolicited . Thus, it covers the sender of the (such as a professional spammer) as well as the entity s whose product is the subject of the , if different from the sender. The key definition in the California Anti-Spam Law is that of unsolicited commercial advertisement, which means an sent for the purpose of advertising the sale of goods or services to a recipient who both (1) has not provided direct consent to receiving ads from the advertiser and (2) does not have a preexisting or current business relationship with the advertiser. So, if either direct consent or a pre-existing relationship can be established, then the would not constitute illegal spam under this California law. * San Diego * San Francisco * Silicon Valley * Singapore * Stamford * Sydney * Tokyo * Washington, DC

2 Under the first prong of that definition, the recipient must expressly consent to receiving the from the advertiser. This consent can be obtained in response to a clear and conspicuous request for consent or at the recipient s own initiative. With respect to the second prong of the definition, a relationship will be considered a preexisting or current business relationship with the advertiser if the recipient has made an inquiry and has provided his/her address or has made an application, purchase, or transaction regarding the advertiser s products or services; there is no stated time period for this relationship under the California Anti-Spam Law. However, if this exception applies, the advertiser still must include in its the ability for the recipient to opt-out of receiving future commercial by calling a toll-free telephone number or by sending an unsubscribe to the advertiser. California address means an address that is either (a) furnished by an service provider that sends bills for furnishing and maintaining that address to a mailing address in this state, (b) ordinarily accessed from a computer located in California, or (c) provided to a California resident. One issue that is not addressed by this definition is how an sender is to determine, under any parts of this definition, whether an address fits within this definition. Penalties and Remedies for Violation The recipient, the California Attorney General or an service provider may bring an action under the California Anti-Spam Law and, if successful, will be entitled to either or both of actual damages and liquidated damages in the amount of $1,000 for each unsolicited commercial advertisement transmitted in violation of the law, up to $1,000,000 per incident, along with attorney s fees and costs. An incident is defined as a single transmission or delivery to a single recipient or to multiple recipients of unsolicited commercial s containing substantially similar content. However, if the defendant who is accused of violation of this law shows that it established and implemented practices and procedures to effectively prevent illegal unsolicited commercial advertisements, the court must reduce the liquidated damages that a plaintiff can recover to a maximum of $100 for each or $100,000 per incident. The law expressly provides that an electronic mail service provider that is only involved in automated transmission of spam over its network will not be liable for spam under this law. Additional Provisions Like many other anti-spam laws, the California Anti-Spam Law prohibits any person or entity from advertising using any commercial advertisement, whether unsolicited or not, from California or sent to a California address, if the (a) contains a third-party s domain name without authorization; (b) uses false, misrepresented, obscured or forged header information; or (c) has a misleading subject line. The California Anti-Spam Law also prohibits the collection or harvesting of addresses posted on the Internet, the use of an address obtained by using automated means based on a combination of names, letters or numbers, and the use of scripts or other automated means to register for multiple accounts, for the purpose of sending or advertising in illegal spam from California or sent to a California address.

3 Effect and Enforceability The California Anti-Spam Law will almost certainly face some challenges. The California Anti- Spam Law has been criticized as being in violation of the Commerce Clause of the U.S. Constitution, which reserves to the federal government the right to control interstate commerce, since it bans unsolicited commercial advertisements initiated from outside California. Another potential challenge is that of the First Amendment. It is also not clear, if suits are brought in California courts, whether or how the courts will assert personal jurisdiction over spammers in other states who otherwise have no connection to the state. Other State Legislation Approximately thirty-five other states, so far, have passed some form of anti-spam legislation. These laws range from those that require unsolicited commercial to be labeled as such, to those that prohibit and criminalize spam sent in bulk, with most legislation falling within the former category. Generally, unsolicited commercial messages, including sexually explicit , are the types of messages that are regulated under these laws. Most state anti-spam laws give the state s attorney general the right to go after spammers, although many also give the recipients as well as the service providers the right to sue senders of illegal unsolicited commercial . In addition, it should be noted that service providers themselves may have a no-spam policy in their Terms of Use or Acceptable Use Policy on their web site. A few states have made sending unsolicited commercial messages a crime subject to imprisonment and/or fines, and the list of these states is growing. Federal Legislation While there currently is no federal law in place that specifically addresses spam, Congress has under consideration a number of anti-spam bills. In fact, on October 22, 2003, the U.S. Senate unanimously passed S.877 (entitled Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 or CAN-SPAM ), a bill that, among the various anti-spam bills before the Senate, was favored by most industry groups. CAN-SPAM does not prohibit unsolicited commercial altogether but does regulate it as well as commercial generally. Under CAN-SPAM, all commercial , whether unsolicited or not, must not have false or misleading header information or otherwise be deceptive as to its origin or content. For some fraudulent activities, criminal sanctions including fines, imprisonment and forfeiture of proceeds and equipment used in committing the offense may apply. CAN-SPAM would preempt most aspects of the California Anti- Spam Law. The U.S. House of Representatives has not passed CAN-SPAM or an equivalent anti-spam bill, although it has had a number of similar bills under consideration for some time. As of the date of this, it is unclear whether the House will pass its version of CAN-SPAM before the end of the year.

4 International Anti-Spam Legislation A number of other countries have been active in the drive to reduce or eliminate spam. In many of these countries, legislation that has been introduced or adopted would ban unsolicited commercial e- mail. For example, the European Union has adopted the Directive on Privacy and Electronic Communications (Directive 2002/58/EC) ( Directive ) which was required to be implemented by member states by October 31, The Directive adopts an opt-in approach to unsolicited commercial , allowing direct marketing through electronic mail only to recipients who have given their prior (explicit) consent. However, a company that has obtained addresses within the context of existing customer relationships may use that information to offer its own similar products or services, provided that consumers must have the right to object, free of charge and in an easy manner, to receiving such materials. These provisions only apply to the addresses of individuals. However, the member states are encouraged to enact similar measures to apply to addresses of businesses. Lawmakers worldwide have recognized the fact that spam is not just a national issue, but rather a global matter, and to be successful, regulations against spam need to be based on international cooperation. Thus, various international organizations are beginning to cooperate on how to address the global issue of spam. GUIDELINES FOR COMPLIANCE For companies initiating marketing campaigns in California or sending messages to California residents or addresses, the New California Anti-Spam Law requires that the recipient expressly consent to receive your messages or that you have a pre-existing or current relationship with the recipient. Thus, you must either obtain the consent of your recipients before sending them your messages or limit your marketing list to those with whom you have a business relationship. For those not meeting this requirement, traditional forms of marketing, such as telephone calls or letters, or even other forms of Internet advertising, could be used instead for your marketing campaign, or at least to obtain consent to messages, subject, of course, to compliance with applicable regulations on these forms of marketing. If you have not already done so, you should also include, on portions of your website where users register and provide addresses, a notice permitting marketing by your company (and your affiliated and partner companies, if you choose). In addition, the following suggestions apply to your marketing campaigns generally: 1 1. Obtain affirmative consent to receiving messages from your recipient whenever you can. This is especially true if you have international marketing campaigns, since even though it appears that the opt-out regime has some chance of prevailing here in the United States (at least at this point based on the U.S. Senate s passage of CAN-SPAM), on the international level, the trend clearly is to require opt-in. Moreover, even at the federal level, there seems 1 Many of these are also found in the guidelines issued on October 14, 2003, by the largest U.S. advertising and marketing trade groups, including the Direct Marketing Association (DMA).

5 to be some appetite for controlling unsolicited commercial in the form of a Do-Not- Spam registry. 2. Your message should clearly identify your company as the sender of the message. Use your company address as the return address, make sure it is working and that someone is responsible for monitoring it. Do not use any misleading (or false) message header information or other identifiers of the origin of the Be clear about the nature of your message - use accurate subject headings and use the ADV (or for sexually explicit content ADV:ADLT ) label on the subject line of the message. 4. Include an easy and obvious opt-out mechanism for the recipient. This mechanism can be simply by replying to the , by clicking on a link included in the message or some other electronic means, as well as by toll-free telephone call. 5. Comply with opt-out requests. Establish and follow procedures for removing addresses from your mailing list once the request is received. Notify anyone else to whom you have provided your address lists on a prompt and regular basis of opt-out requests received. 6. Do not provide your address list to third parties (including an affiliated entity if its line of business is not similar to yours) without at least giving notice to (and preferably getting the consent of) the address holders and the opportunity to opt-out. 7. Include in the message your company s physical address. 8. Include in the message a link to your company s privacy policy. 9. If you obtained addresses by renting a list from someone else, find out how the addresses were obtained. Require that they be obtained through affirmative consent and certainly not through automated means, such as harvesting or dictionary attacks, or otherwise surreptitiously or deceptively, and generally in compliance with these guidelines. Also require that the provider have appropriate procedures in place for dealing with opt-out requests and has complied with all such requests. 10. If you have another entity perform marketing campaigns for you, require their compliance with these guidelines. Conduct diligence regarding their procedures before signing them up and if you do engage them, audit their procedures from time to time. Include appropriate indemnification terms in your agreement with these marketers and the ability to terminate and other remedies for violations. 11. For unsolicited (especially bulk ), it is advisable to review the policies of Internet service providers whose users you will be sending unsolicited to. For more information about this issue, please contact Marla Hoehn at or This publication is issued periodically to keep PILLSBURY WINTHROP LLP clients and other interested parties informed of current legal developments that may affect or otherwise be of special interest to them. The comments contained herein do not constitute legal opinion and should not be regarded as a substitute for legal advice.

The DMA s Analysis of Can Spam Act of 2003

The DMA s Analysis of Can Spam Act of 2003 The DMA s Analysis of Can Spam Act of 2003 December 11, 2003 The following is a Direct Marketing Association analysis of the Can Spam Act of 2003 (S. 877), which Congress sent to the President for signing

More information

Congress Passes New Anti-Spam Legislation

Congress Passes New Anti-Spam Legislation DECEMBER 2003 Congress Passes New Anti-Spam Legislation On December 16, 2003, President Bush signed into law the Controlling the Assault of Non-Solicited Pornography and Marketing Act (the CAN-SPAM Act

More information

SUMMARY OF PUBLIC LAW 108-187 THE CAN-SPAM ACT OF 2003

SUMMARY OF PUBLIC LAW 108-187 THE CAN-SPAM ACT OF 2003 SUMMARY OF PUBLIC LAW 108-187 THE CAN-SPAM ACT OF 2003 On December 16, 2003, President Bush signed into law the CAN-SPAM Act of 2003. CAN-SPAM stands for "Controlling the Assault of Non-Solicited Pornography

More information

CAN-SPAM Policy & Data Verification Guide

CAN-SPAM Policy & Data Verification Guide BIZ SERVICE PROVIDER CAN-SPAM Compliance & Data Verification Policy Document BSP CAN-SPAM Policy & Data Verification Guide BSP Page 1 of 5 Version 8.1 Effective Date; May 2015 BIZ SERVICE PROVIDER I. Summary

More information

E-mail Marketing: CAN- SPAM Act Compliance David J. Ervin and Christopher M. Loeffler, Kelley Drye and Warren LLP

E-mail Marketing: CAN- SPAM Act Compliance David J. Ervin and Christopher M. Loeffler, Kelley Drye and Warren LLP E-mail Marketing: CAN- SPAM Act Compliance David J. Ervin and Christopher M. Loeffler, Kelley Drye and Warren LLP This Practice Note is published by Practical Law Company on its PLC Law Department web

More information

Can Spam Be Legislated?

Can Spam Be Legislated? Journal of Applied Business and Economics Can Spam Be Legislated? Karen L. Hamilton Columbus State University Robert A. Fleck, Jr. Columbus State University Spam, the unsolicited email that shows up in

More information

Anti-SPAM Policy v.3 06-01-2011

Anti-SPAM Policy v.3 06-01-2011 Anti-SPAM Policy v.3 06-01-2011 Each user must agree to this policy. comf5 has a no tolerance policy for the sending of spam and unsolicited email, and we prohibit the use of third-party, purchased, rented,

More information

ANTI-SPAM LAWS IN WESTERN COUNTRIES: A COMPARISON

ANTI-SPAM LAWS IN WESTERN COUNTRIES: A COMPARISON PRB 09-24E ANTI-SPAM LAWS IN WESTERN COUNTRIES: A COMPARISON Alysia Davies Legal and Legislative Affairs Division 18 January 2010 PARLIAMENTARY INFORMATION AND RESEARCH SERVICE SERVICE D INFORMATION ET

More information

Frequently Asked Questions (FAQ) on Anti-Spam Legislation. What is the definition of a commercial electronic mail message?

Frequently Asked Questions (FAQ) on Anti-Spam Legislation. What is the definition of a commercial electronic mail message? Frequently Asked Questions (FAQ) on Anti-Spam Legislation On December 16, 2003, the President signed the CAN-SPAM Act of 2003 (S.877) into law, which went into effect January 1, 2004. Though the legislation

More information

Privacy Bulletin. Key Differences between US and Canadian Anti-Spam Laws

Privacy Bulletin. Key Differences between US and Canadian Anti-Spam Laws Privacy Bulletin April 2014 Key Differences between US and Canadian Anti-Spam Laws Canada's Anti-Spam Law (or "CASL") will be in effect in July 2014, about ten years after the U.S. has enacted its anti-spam

More information

Email and Text Message Campaigns. Justine Young Gottshall Partner, InfoLawGroup

Email and Text Message Campaigns. Justine Young Gottshall Partner, InfoLawGroup 2012 Email and Text Message Campaigns Justine Young Gottshall Partner, InfoLawGroup What s the Risk? Effective and active marketing area This makes it a target for litigation and enforcement action Consumer

More information

Broadband Acceptable Use Policy

Broadband Acceptable Use Policy Broadband Acceptable Use Policy Contents General... 3 Your Responsibilities... 3 Use of Email with particular regards to SPAM... 4 Bulk Email... 5 Denial of Service... 5 Administration of Policy... 6 2

More information

THE ANTI-SPAM REGULATORY POLICY FRAMEWORK FOR THE KINGDOM OF SAUDI ARABIA

THE ANTI-SPAM REGULATORY POLICY FRAMEWORK FOR THE KINGDOM OF SAUDI ARABIA Communications and Information Technology Commission THE ANTI-SPAM REGULATORY POLICY FRAMEWORK FOR THE KINGDOM OF SAUDI ARABIA Final Version 23/02/2008 Submitted to: Submitted By: Acceptance of Deliverable

More information

E-mail Marketing: CAN- SPAM Act Compliance

E-mail Marketing: CAN- SPAM Act Compliance PRACTICE NOTES E-mail Marketing: CAN- SPAM Act Compliance The following is an excerpt from a Practice Note on our website that examines the federal Controlling the Assault of Non-Solicited Pornography

More information

MODEL POLICY CONCERNING SOLICITATIONS SENT BY E-MAIL

MODEL POLICY CONCERNING SOLICITATIONS SENT BY E-MAIL MODEL POLICY CONCERNING SOLICITATIONS SENT BY E-MAIL Disclaimer concerning the Use of this Model Policy: The following is a model that Texas REALTORS may use as a guide to develop an office policy related

More information

Crawford Chondon &Partners LLP. Is your Business Ready for Canada s Anti Spam Law?

Crawford Chondon &Partners LLP. Is your Business Ready for Canada s Anti Spam Law? Crawford Chondon &Partners LLP Present Is your Business Ready for Canada s Anti Spam Law? By: Michael MacLellan Overview 1. What is Canada s Anti-Spam Legislation, and how will it apply? 2. What does CASL

More information

Canada s New Anti-Spam Legislation: Overview and Implications for Businesses

Canada s New Anti-Spam Legislation: Overview and Implications for Businesses dentons.com Focus on Communications Canada s New Anti-Spam Legislation: Overview and Implications for Businesses January, 2011 Contact Margot Patterson Dentons Canada LLP Counsel, Ottawa margot.patterson@dentons.com

More information

Telemarketing, E-mail, and Text Message Marketing: Tips to Avoid Lawsuits

Telemarketing, E-mail, and Text Message Marketing: Tips to Avoid Lawsuits Telemarketing, E-mail, and Text Message Marketing: Tips to Avoid Lawsuits LeadsCouncil December 11, 2012 2 pm 3 pm ET Webinar Ari N. Rothman, Esq., Co-Presenter Molly T. Cusson, Esq., Co-Presenter Jonathan

More information

Overview of Mexico s Legislation to Combating Spam

Overview of Mexico s Legislation to Combating Spam Overview of Mexico s Legislation to Combating Spam By Cristos Velasco, NACPEC *, Mexico January 2005 Unlike the Unites States 1, Mexico does not have an independent anti-spam legislation to control and

More information

FTC FACTS for Business

FTC FACTS for Business FTC FACTS for Business ftc.gov FEDERAL TRADE COMMISSION FOR THE CONSUMER 1-877-FTC-HELP The CAN-SPAM Act: A Compliance Guide for Business D o you use email in your business? The CAN-SPAM Act, a law that

More information

Acceptable Use Policy

Acceptable Use Policy Acceptable Use Policy Acceptable Use Policy (AUP) ionfish Group, LLC s network and services have been designed to serve its clients, partners, and employees (each individually a User ), and to enhance

More information

Marketing: Practical Tips for CAN-SPAM Act Compliance

Marketing: Practical Tips for CAN-SPAM Act Compliance Boston Chicago New Jersey New York Orange County Philadelphia E-mail Marketing: Practical Tips for CAN-SPAM Act Compliance One of the most persuasive forms of advertising is direct marketing, which consists

More information

13-25a-101. Title. This chapter is known as the "Telephone and Facsimile Solicitation Act."

13-25a-101. Title. This chapter is known as the Telephone and Facsimile Solicitation Act. 13-25a-101. Title. This chapter is known as the "Telephone and Facsimile Solicitation Act." Enacted by Chapter 26, 1996 General Session 13-25a-102. Definitions. As used in this chapter: (1) "Advertisement"

More information

Canada s Anti-Spam Laws and Implications for the Health Industry

Canada s Anti-Spam Laws and Implications for the Health Industry December 11, 2013 Canada s Anti-Spam Laws and Implications for the Health Industry Presented by: Kathryn Frelick, Co-chair, National Health Industry Group kfrelick@millerthomson.com 416.595.2979 OVERVIEW

More information

Acceptable Use Policy of UNWIRED Ltd.

Acceptable Use Policy of UNWIRED Ltd. Acceptable Use Policy of UNWIRED Ltd. Acceptance of Terms Through Use This site provides you the ability to learn about UNWIRED and its products and services as well as the ability to access our network

More information

OHA BACKGROUNDER Canada s Anti-Spam Legislation (CASL)

OHA BACKGROUNDER Canada s Anti-Spam Legislation (CASL) OHA BACKGROUNDER Canada s Anti-Spam Legislation (CASL) May 2014 In December 2010, the federal government passed Bill C-28, the Fighting Internet and Wireless Spam bill, referred to as Canada s Anti-Spam

More information

Public Law 108 187 108th Congress An Act

Public Law 108 187 108th Congress An Act 117 STAT. 2699 Public Law 108 187 108th Congress An Act To regulate interstate commerce by imposing limitations and penalties on the transmission of unsolicited commercial electronic mail via the Internet.

More information

ARE YOU DOING E-MAIL MARKETING? LEGALLY?

ARE YOU DOING E-MAIL MARKETING? LEGALLY? ARE YOU DOING E-MAIL MARKETING? LEGALLY? Copyright 2008, Michael D. Jenkins, J.D., CPA All Rights Reserved Since so many small businesses now do a substantial part of their marketing on the Internet, it

More information

Best Practice Standards for Email Marketing

Best Practice Standards for Email Marketing Best Practice Standards for Email Marketing Updated January 2008 Scope The Marketing Association s emarketing Network (emn) champions the adoption of industrywide standards of best practice and ethical

More information

CREDIT REPAIR ORGANIZATIONS ACT 15 U.S.C. 1679 et. seq.

CREDIT REPAIR ORGANIZATIONS ACT 15 U.S.C. 1679 et. seq. CREDIT REPAIR ORGANIZATIONS ACT 15 U.S.C. 1679 et. seq. Please note that the information contained herein should not be construed as legal advice and is intended for informational purposes only. In addition,

More information

and Text Message Campaigns

and Text Message Campaigns 2012 Email and Text Message Campaigns Justine Young Gottshall Partner, InfoLawGroup What s the Risk? Effective and active marketing area This makes it a target for litigation and enforcement action Consumer

More information

PARTNER EMAIL GUIDELINES

PARTNER EMAIL GUIDELINES PARTNER EMAIL GUIDELINES The guidelines listed below are required pursuant to the Agreement entered into between Criteo and the Partner. Any breach of these guidelines except the last section related to

More information

Mailworks Anti-Spam Policy

Mailworks Anti-Spam Policy Mailworks Anti-Spam Policy September 24, 2014 Guidelines Before adding new recipients to your contact list, you need to ensure that you have the proper permission for each and every recipient on your list.

More information

S. 877 IN THE SENATE OF THE UNITED STATES

S. 877 IN THE SENATE OF THE UNITED STATES II TH CONGRESS 1ST SESSION S. To regulate interstate commerce by imposing limitations and penalties on the transmission of unsolicited commercial electronic mail via the Internet. IN THE SENATE OF THE

More information

SPAM AND PRIVACY ISSUES. Spam for Breakfast, Lunch and Dinner: What will the Unsolicited Electronic Messages Bill do for Privacy?

SPAM AND PRIVACY ISSUES. Spam for Breakfast, Lunch and Dinner: What will the Unsolicited Electronic Messages Bill do for Privacy? SPAM AND PRIVACY ISSUES Spam for Breakfast, Lunch and Dinner: What will the Unsolicited Electronic Messages Bill do for Privacy? 30 March 2006 Graeme Crombie Senior Associate Minter Ellison Rudd Watts

More information

Federal Regulations on Advertising:

Federal Regulations on Advertising: Federal Regulations on Advertising: Phone, Fax, or E-mail By Jordan B. Hansell 700 Walnut, Suite 1600 Des Moines, Iowa 50309 Telephone: 515-283-8166 Facsimile: 515-283-8018 jbhansell@nyemaster.com Disclaimer

More information

Hibbett Sports Messaging Service (SMS) Terms and Conditions

Hibbett Sports Messaging Service (SMS) Terms and Conditions Hibbett Sports Messaging Service (SMS) Terms and Conditions This document provides the Terms and Conditions for the Hibbett Sports Messaging Service (SMS) (hereafter, the Service ). By using the Service

More information

Acceptable Use Policy

Acceptable Use Policy Acceptable Use Policy Contents 1. Internet Abuse... 2 2. Bulk Commercial E-Mail... 2 3. Unsolicited E-Mail... 3 4. Vulnerability Testing... 3 5. Newsgroup, Chat Forums, Other Networks... 3 6. Offensive

More information

Embedded Network Solutions Australia Pty Ltd (ENSA) INTERNET ACCEPTABLE USE POLICY

Embedded Network Solutions Australia Pty Ltd (ENSA) INTERNET ACCEPTABLE USE POLICY T: 1300 00 ENSA (3672) F: 03 9421 6109 (ENSA) INTERNET ACCEPTABLE USE POLICY 1 ABOUT THIS POLICY... 2 2 GENERAL... 2 3 ILLEGAL ACTIVITY... 2 4 SECURITY... 2 5 RISKS OF THE INTERNET... 3 6 CONTENT PUBLISHING...

More information

Trext Details: Texting Best Practices, Legality and Security 1 For questions contact Kira McCoy: (303)-947-6583 kira@trext.com

Trext Details: Texting Best Practices, Legality and Security 1 For questions contact Kira McCoy: (303)-947-6583 kira@trext.com Trext Details: Texting Best Practices, Legality and Security 1 For questions contact Kira McCoy: (303)-947-6583 kira@trext.com I. Texting Best Practices (Based on research from CTIA, Cellular Telecommunications

More information

Messaging Service (SMS) Terms and Conditions

Messaging Service (SMS) Terms and Conditions Messaging Service (SMS) Terms and Conditions This document provides the Terms and Conditions for the bestbet Messaging Service (SMS) (hereafter, the "Service"). By using the Service in any way, you are

More information

Spam Act 2003: A practical guide for business

Spam Act 2003: A practical guide for business Spam Act 2003: A practical guide for business This guide provides practical information to businesses that send electronic messages. It explains the main requirements of the Spam Act 2003 (the Spam Act),

More information

COMMENTARY. Hong Kong Strengthens Its Personal Data. on Direct Marketing JONES DAY

COMMENTARY. Hong Kong Strengthens Its Personal Data. on Direct Marketing JONES DAY May 2013 JONES DAY COMMENTARY Hong Kong Strengthens Its Personal Data Privacy Laws and Imposes Criminal Penalties on Direct Marketing In 2012 Hong Kong introduced the Personal Data (Privacy) (Amendment)

More information

Unsolicited Electronic Messages Act 2007

Unsolicited Electronic Messages Act 2007 Unsolicited Electronic Messages Act 2007 Prohibiting Spam and promoting good business practice This guide provides practical information so businesses can ensure they meet the requirements of the Unsolicited

More information

The Rosenthal Fair Debt Collection Practices Act California Civil Code 1788 et seq.

The Rosenthal Fair Debt Collection Practices Act California Civil Code 1788 et seq. The Rosenthal Fair Debt Collection Practices Act California Civil Code 1788 et seq. 1788. This title may be cited as the Rosenthal Fair Debt Collection Practices Act. 1788.1 (a) The Legislature makes the

More information

CASL Compliance: A Primer on Canada's Anti-Spam Legislation. Whitepaper by David O. Klein, Esq.

CASL Compliance: A Primer on Canada's Anti-Spam Legislation. Whitepaper by David O. Klein, Esq. CASL Compliance: A Primer on Canada's Anti-Spam Legislation Whitepaper by David O. Klein, Esq. Part 1 Will Your Marketing Campaign Be the Target of a Class Action Lawsuit or Regulatory Investigation for

More information

Kingdom of Saudi Arabia Communication and Information Technology Commission. Public Consultation Document On the Anti-SPAM Policy Framework

Kingdom of Saudi Arabia Communication and Information Technology Commission. Public Consultation Document On the Anti-SPAM Policy Framework Kingdom of Saudi Arabia Communication and Information Technology Commission Public Consultation Document On the Anti-SPAM Policy Framework Rajab 1428 H (July 2007) 1. Introduction SPAM 1 represents a major

More information

1. The Telephone Consumer Protection Act

1. The Telephone Consumer Protection Act Hello. Here at MailChimp, we only allow you to send SMS messages through our SMS app, Gather. Since we're dipping our toe into the SMS-messaging pool, we wanted to give you some information about SMS rules.

More information

Enterprise Email: Managing Risks and Liabilities Avoiding Common Pitfalls under the Federal CAN-SPAM Act

Enterprise Email: Managing Risks and Liabilities Avoiding Common Pitfalls under the Federal CAN-SPAM Act Enterprise Email: Managing Risks and Liabilities Avoiding Common Pitfalls under the Federal CAN-SPAM Act These materials do not constitute specific legal advice and may not address all aspects of a legal

More information

Canada s Anti-Spam Law ( CASL ): It s the Law on July 1, 2014 questions for directors to ask

Canada s Anti-Spam Law ( CASL ): It s the Law on July 1, 2014 questions for directors to ask Canada s Anti-Spam Law ( CASL ): It s the Law on July 1, 2014 questions for directors to ask Author: Jennifer Babe, LL.M, ICD.D Why Should I Read This Alert? a) despite its name, this Act covers much more

More information

Do-Not-Call Q&A Pennsylvania Law/Federal Rules

Do-Not-Call Q&A Pennsylvania Law/Federal Rules Do-Not-Call Q&A Pennsylvania Law/Federal Rules The Pennsylvania Telemarketer Registration Act, ( Pennsylvania Act ), as amended, applies to telephone solicitation and marketing activities performed by

More information

Regulatory Policy. Unsolicited Electronic Communications

Regulatory Policy. Unsolicited Electronic Communications Regulatory Policy Unsolicited Electronic Communications Version: 1.0 Issue Date: 30 December 2009 Copyright 2009 Telecommunications Regulatory Authority (TRA). All rights reserved. P O Box 26662, Abu Dhabi,

More information

EMAIL SERVICES ADDENDUM TO EULA

EMAIL SERVICES ADDENDUM TO EULA Page 1 of 6 EMAIL SERVICES ADDENDUM TO EULA This Email Services Addendum to EULA (this Addendum ) applies to licenses of XMPie Software ( Users ) who have contracted with XMPie for services. This Addendum

More information

Canada s New Anti-Spam Regime: Guidance for Your Organization

Canada s New Anti-Spam Regime: Guidance for Your Organization Canada s New Anti-Spam Regime: Practical Compliance Tips and Guidance for Your Organization Eloïse Gratton, Partner Janine MacNeil, Partner February 6, 2014 Overview 1) Introduction 2) CASL Requirements

More information

Law Enforcement Recommendations Regarding Amendments to the Registrar Accreditation Agreement

Law Enforcement Recommendations Regarding Amendments to the Registrar Accreditation Agreement * 1) The RAA should not explicitly condone or encourage the use of 1. Use of Proxy or Privacy Registrations Proxy Registrations or Privacy Services, as it appears in paragraphs a. In the event ICANN establishes

More information

The Virginia Joint Commission. on Technology and Science

The Virginia Joint Commission. on Technology and Science TO: FROM: SUBJECT: JCOTS CYBERCRIMES ADVISORY COMMITTEE PATRICK CUSHING, JOINT COMMISSION ON TECH NOLOGY AND SCIENCE HB 1354 - WIRELESS DEVICES; UNSOLICITED MESSAGES AND IMAGES SENT THERETO; PENALTY DATE:

More information

CALIFORNIA FAIR DEBT COLLECTION PRACTICES ACT Updated 1 January 2012

CALIFORNIA FAIR DEBT COLLECTION PRACTICES ACT Updated 1 January 2012 I. BACKGROUND CALIFORNIA FAIR DEBT COLLECTION PRACTICES ACT Updated 1 January 2012 A. Contents: This memorandum summarizes California's Fair Debt Collection Practices Act, California Civil Code (the "CCC")

More information

DISCUSSION PAPER LEGISLATING AGAINST SPAM

DISCUSSION PAPER LEGISLATING AGAINST SPAM DISCUSSION PAPER LEGISLATING AGAINST SPAM IT & Telecommunications Policy Group Resources and Networks Branch Ministry of Economic Development WELLINGTON ISBN 0-478-26373-2 May 2004 Contents Minister s

More information

Exhibit A. Federal Statutes Impacting Data Security

Exhibit A. Federal Statutes Impacting Data Security Exhibit A Federal Statutes Impacting Data Security Michele A. Whitham Partner, Founding Co-Chair Security & Privacy Practice Group Foley Hoag LLP 155 Seaport Boulevard Boston, MA 02210 Federal Law Citation

More information

Senate. File No. 757. Approved by the Legislative Commissioner May 3, 2014

Senate. File No. 757. Approved by the Legislative Commissioner May 3, 2014 Senate General Assembly File No. 757 February Session, 2014 (Reprint of File No. 191) Substitute Senate Bill No. 209 As Amended by Senate Amendment Schedule "A" and House Amendment Schedule "A" Approved

More information

By writing to: Cougar Wireless, Attention: Customer Service, 4526 S. Regal St., Suite A, Spokane, WA., 99224

By writing to: Cougar Wireless, Attention: Customer Service, 4526 S. Regal St., Suite A, Spokane, WA., 99224 COUGAR WIRELESS ACCEPTABLE USE POLICY I. INTRODUCTION Cougar Wireless and its various affiliates and subsidiaries (collectively we, us, our ) are committed to being responsible network citizens. To assist

More information

Defined Personal Training Terms of Service ("Agreement")

Defined Personal Training Terms of Service (Agreement) Defined Personal Training Terms of Service ("Agreement") Please read these Terms of Service ("Agreement", "Terms of Service") carefully before using www.definedpersonaltraining.com ("the Site") operated

More information

.scot Registration Policy

.scot Registration Policy .scot Registration Policy Definitions This Registration Policy sets forth the terms and conditions, which govern.scot domain name registrations. In this Registration Policy: a. Registrant, "You" and "Your"

More information

Issue Brief. Arizona State Senate IDENTITY THEFT AND CONSUMER PROTECTION INTRODUCTION IDENTITY THEFT. September 17, 2015.

Issue Brief. Arizona State Senate IDENTITY THEFT AND CONSUMER PROTECTION INTRODUCTION IDENTITY THEFT. September 17, 2015. Arizona State Senate Issue Brief September 17, 2015 Note to Reader: The Senate Research Staff provides nonpartisan, objective legislative research, policy analysis and related assistance to the members

More information

Website Privacy Policy Statement

Website Privacy Policy Statement Website Privacy Policy Statement This website ( CRSF Website ) is operated by Cal Ripken, Sr. Foundation, Inc. ( Company ) and this policy applies to all websites owned, operated, controlled and otherwise

More information

Title IV of the Consumer Credit Protection Act (Public Law 90-321, 82 Stat. 164) is amended to read as follows:

Title IV of the Consumer Credit Protection Act (Public Law 90-321, 82 Stat. 164) is amended to read as follows: The Credit Repair Organizations Act CHAPTER 2--CREDIT REPAIR ORGANIZATIONS(1) SEC. 2451. REGULATION OF CREDIT REPAIR ORGANIZATIONS. Title IV of the Consumer Credit Protection Act (Public Law 90-321, 82

More information

United States District Court

United States District Court Case :0-cv-0-CW Document Filed 0//00 Page of 0 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA ASIS INTERNET SERVICES, Plaintiff, v. OPTIN GLOBAL, INC., et al., Defendants.

More information

Affiliate Program Agreement

Affiliate Program Agreement Affiliate Program Agreement This agreement is a binding, legal contract between you, the Affiliate and our business, R&D Enterprises Group, LLC, hereinafter referred to as the Company. The Affiliate Program

More information

Highwinds Media Group, Inc. - Terms of Service Wholesale Account

Highwinds Media Group, Inc. - Terms of Service Wholesale Account Highwinds Media Group, Inc. - Terms of Service Wholesale Account IMPORTANT - THIS IS A LEGAL AGREEMENT (THE AGREEMENT ) BETWEEN YOUR COMPANY AND HIGHWINDS MEDIA GROUP, INC. D/B/A WIND TUNNEL AND THUNDERNEWS.NET

More information

Introduction to the UEM Ordinance and the Regulation

Introduction to the UEM Ordinance and the Regulation Industry Briefing on the Unsolicited Electronic Messages Ordinance Introduction to the UEM Ordinance and the Regulation Henry Chang Office of the Telecommunications Authority July 2007 1 of 16 Regime,

More information

Youngevity Essential Life Sciences & Youngevity International, Inc.

Youngevity Essential Life Sciences & Youngevity International, Inc. Youngevity Essential Life Sciences & Youngevity International, Inc. Guidelines for Distributor created and maintained websites The following excerpts from Youngevity s Policies and Procedures are compiled

More information

Computer Security (Spyware)

Computer Security (Spyware) Computer Security (Spyware) This draft legislation is one of several efforts by the SSL Committee to address the widespread problem of spyware, which occurs when software is surreptitiously loaded on someone

More information

ALERT. Consumer Protection and Unfair Competition Law

ALERT. Consumer Protection and Unfair Competition Law Consumer Protection and Unfair Competition Law LOEB & LOEB adds Knowledge. ALERT April 2010 Updated Summary of Proposed California Debt Settlement Act (AB 350) By Michael L. Mallow and Michael A. Thurman

More information

(1) The term automatic telephone dialing system means equipment which has the capacity

(1) The term automatic telephone dialing system means equipment which has the capacity Telephone Consumer Protection Act 47 U.S.C. 227 SEC. 227. [47 U.S.C. 227] RESTRICTIONS ON THE USE OF TELEPHONE EQUIPMENT (a) DEFINITIONS. As used in this section (1) The term automatic telephone dialing

More information

Acceptance of Terms. Terms of Service. Privacy Policy. Terms Applicable to All Products and Services. Last Updated: January 24, 2014

Acceptance of Terms. Terms of Service. Privacy Policy. Terms Applicable to All Products and Services. Last Updated: January 24, 2014 Acceptance of Terms Last Updated: January 24, 2014 Terms of Service Please read this Terms of Service Agreement carefully. MedicaidInsuranceBenefits.com ("MedicaidInsuranceBenefits.com," "our," "us") provides

More information

Web Drive Limited STANDARD TERMS AND CONDITIONS FOR THE SUPPLY OF SERVICES

Web Drive Limited STANDARD TERMS AND CONDITIONS FOR THE SUPPLY OF SERVICES Web Drive Limited STANDARD TERMS AND CONDITIONS FOR THE SUPPLY OF SERVICES Web Drive Limited trading is herein referred to as "Web Drive". 1. Definitions a) Web Drive includes its employees and directors.

More information

Testimony of Eric Menhart. Re: District of Columbia Spam Deterrence Act of 2007. Council of the District of Columbia

Testimony of Eric Menhart. Re: District of Columbia Spam Deterrence Act of 2007. Council of the District of Columbia Testimony of Eric Menhart Re: District of Columbia Spam Deterrence Act of 2007 Council of the District of Columbia Committee on Public Services and Consumer Affairs March 11, 2008 My name is Eric Menhart.

More information

H. R. IN THE HOUSE OF REPRESENTATIVES A BILL

H. R. IN THE HOUSE OF REPRESENTATIVES A BILL ... (Original Signature of Member) 0TH CONGRESS ST SESSION H. R. To protect users of the Internet from unknowing transmission of their personally identifiable information through spyware programs, and

More information

SINGAPORE TELECOMMUNICATIONS LIMITED SUBMISSION TO IDA AND AGC ON PROPOSED LEGISLATIVE FRAMEWORK FOR THE CONTROL OF SPAM

SINGAPORE TELECOMMUNICATIONS LIMITED SUBMISSION TO IDA AND AGC ON PROPOSED LEGISLATIVE FRAMEWORK FOR THE CONTROL OF  SPAM SINGAPORE TELECOMMUNICATIONS LIMITED SUBMISSION TO IDA AND AGC ON PROPOSED LEGISLATIVE FRAMEWORK FOR THE CONTROL OF E-MAIL SPAM 1. STATEMENT OF INTEREST 1.1 1.2 1.3 SingTel is licensed to provide telecommunications

More information

FAX-TO-EMAIL END-USER LICENSE AGREEMENT

FAX-TO-EMAIL END-USER LICENSE AGREEMENT FAX-TO-EMAIL END-USER LICENSE AGREEMENT This Agreement, which governs the terms and conditions of your use of the Fax-to-Email Services, is between you ("you" or "End-User") and ( we, us, our or Company

More information

Doing Business. A Practical Guide. casselsbrock.com. Canada. Dispute Resolution. Foreign Investment. Aboriginal. Securities and Corporate Finance

Doing Business. A Practical Guide. casselsbrock.com. Canada. Dispute Resolution. Foreign Investment. Aboriginal. Securities and Corporate Finance About Canada Dispute Resolution Forms of Business Organization Aboriginal Law Competition Law Real Estate Securities and Corporate Finance Foreign Investment Public- Private Partnerships Restructuring

More information

ex rel. BILL LOCKYER, ATTORNEY GENERAL OF THE STATE OF CALIFORNIA,

ex rel. BILL LOCKYER, ATTORNEY GENERAL OF THE STATE OF CALIFORNIA, BILL LOCKYER Attorney General of the State of California RICHARD M. FRANK Chief Assistant Attorney General DENNIS ECKHART Senior Assistant Attorney General MICHELLE L. FOGLIANI Deputy Attorney General

More information

PIPER S INTERNET CAFÉ, LLC END USER AGREEMENT

PIPER S INTERNET CAFÉ, LLC END USER AGREEMENT PIPER S INTERNET CAFÉ, LLC END USER AGREEMENT 1. SUMMARY: The full End User Agreement consists of, an End User Agreement, a Privacy Policy, a Terms of Service, the Time Warner Cable Business Class agreement,

More information

Unica OnDemand. Unica and email deliverability. Getting to the inbox. Publication Date: January 19, 2010

Unica OnDemand. Unica and email deliverability. Getting to the inbox. Publication Date: January 19, 2010 Unica OnDemand Publication Date: January 19, 2010 N10014 Getting to the inbox N40002 Sending an email is something you do every day. Even when you send a single email, occasionally the message does not

More information

Managing the message Canada s new anti-spam law sets a high bar

Managing the message Canada s new anti-spam law sets a high bar Managing the message Canada s new anti-spam law sets a high bar According to a recent Deloitte poll, only 13% of organizations say they understand CASL requirements and have begun to apply them to their

More information

Commercial in confidence TELSTRA WHOLESALE ACCEPTABLE USE POLICY. Commercial-in-Confidence. Issue Number 1.5, 20 November 2012

Commercial in confidence TELSTRA WHOLESALE ACCEPTABLE USE POLICY. Commercial-in-Confidence. Issue Number 1.5, 20 November 2012 Commercial in confidence TELSTRA WHOLESALE ACCEPTABLE USE POLICY Commercial-in-Confidence Issue Number 1.5, 20 November 2012 ACCEPTABLE USE POLICY The following is the Telstra Wholesale Acceptable Use

More information

1st June 2005. Internet Access Service Provider (IASP) Sub-Code for the Communications and Multimedia Industry Malaysia

1st June 2005. Internet Access Service Provider (IASP) Sub-Code for the Communications and Multimedia Industry Malaysia 1st June 2005 for the Communications and Multimedia Industry Malaysia TABLE OF CONTENTS PART 1 - INTRODUCTION...2 PART 2- GENERAL RULES OF THE CODE FOR INTERNET ACCESS SERVICE PROVIDERS...6 PART 3- REVIEW

More information

CHAPTER 172. C.56:11-28 Short title. 1. This act shall be known and may be cited as the "New Jersey Fair Credit Reporting Act."

CHAPTER 172. C.56:11-28 Short title. 1. This act shall be known and may be cited as the New Jersey Fair Credit Reporting Act. CHAPTER 172 AN ACT concerning consumer credit reports and supplementing Title 56 of the Revised Statutes. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey: C.56:11-28 Short title.

More information

2014 Virginia Credit Union League Spring Compliance Conference

2014 Virginia Credit Union League Spring Compliance Conference 2014 Virginia Credit Union League Spring Compliance Conference Bonuses, Gambling, Promotions & Sweepstakes Daniel C. Summerlin III & Nicholas V. Albu Woods Rogers PLC dsummerlin@woodsrogers.com nalbu@woodsrogers.com

More information

E-ALERT Privacy & Data Security

E-ALERT Privacy & Data Security E-ALERT Privacy & Data Security September 30, 2013 OVERVIEW OF RECENT CALIFORNIA PRIVACY ENACTMENTS & IMPACT The California legislature recently has passed four privacy-related bills. The following provides

More information

CALIFORNIA CIVIL CODE This title may be cited as the Rosenthal Fair Debt Collection Practices Act.

CALIFORNIA CIVIL CODE This title may be cited as the Rosenthal Fair Debt Collection Practices Act. This document has been compiled by the California Association of Collectors for informational purposes and placing the Rosenthal Act in a centralized location for the use of CAC members. The information

More information

Website Privacy Policy Statement. 1519 York Rd Lutherville, MD 21093. We may be reached via email at julie@juliereisler.com.

Website Privacy Policy Statement. 1519 York Rd Lutherville, MD 21093. We may be reached via email at julie@juliereisler.com. Website Privacy Policy Statement This website juliereisler.com is operated by Empowered Living, LLC and this policy applies to all websites owned, operated, controlled and otherwise made available by Company,

More information

If you have any questions about any of our policies, please contact the Customer Services Team.

If you have any questions about any of our policies, please contact the Customer Services Team. Acceptable Use Policy (AUP) 1. Introduction Blue Monkee has created this Acceptable Use Policy (AUP) for hosting customers to protect our resources and the resources of our other customers and hosting

More information

ESPC Best Practices Guide

ESPC Best Practices Guide A division of the Network Advertising Initiative ESPC Best Practices Guide I. Introduction Email is an excellent channel for mailers to establish and maintain valuable relationships with their subscribers.

More information

AN OVERVIEW OF CANADA S ANTI-SPAM LEGISLATION

AN OVERVIEW OF CANADA S ANTI-SPAM LEGISLATION AN OVERVIEW OF CANADA S ANTI-SPAM LEGISLATION These materials are provided for general information only and do not constitute legal advice. Readers are encouraged to seek legal advice for any particular

More information

McZeely Coterie, LLC Privacy Notice. Effective Date of this Privacy Notice: February 11, 2015.

McZeely Coterie, LLC Privacy Notice. Effective Date of this Privacy Notice: February 11, 2015. McZeely Coterie, LLC Privacy Notice Effective Date of this Privacy Notice: February 11, 2015. We at McZeely Coterie, LLC, the company that proudly brings you Plan Z by Zola ( Plan Z ), respect your concerns

More information

GETTING YOUR BUSINESS STARTED ON THE INTERNET

GETTING YOUR BUSINESS STARTED ON THE INTERNET GETTING YOUR BUSINESS STARTED ON THE INTERNET The Internet presents a new frontier with unlimited potential. The purpose of this Guide is to ensure that legal issues are properly considered to provide

More information

MNI Networks Limited Acceptable Use Policy

MNI Networks Limited Acceptable Use Policy This Acceptable Use Policy ("AUP") sets out the actions prohibited to users of the MNINET Network ( MNINET ). Users are defined as anyone who uses or accesses the.ms domain registry, who has responsibility

More information

FKCC AUP/LOCAL AUTHORITY

FKCC AUP/LOCAL AUTHORITY FKCC AUP/LOCAL AUTHORITY The information contained in this section has its basis in Public Law 93.380. It is further enhanced however, by Florida State Board of Education Administrative Rule 6A-14.51 and

More information

Credit Repair Organizations Act

Credit Repair Organizations Act Credit Repair Organizations Act Title IV of the Consumer Credit Protection Act (Public Law 90-321, 82 Stat. 164) is amended to read as follows: TITLE IV--CREDIT REPAIR ORGANIZATIONS'' Sec. 401. Short title.

More information