More than two years after the CAN-Spam Act took effect, e-mail marketers still show a “shockingly low level” of understanding about the requirements and penalties of the law, according to a new report from WebSurveyor Corp.
Of the 1,082 organizations responding to a WebSurveyor poll, 81% said they are unaware of the CAN-Spam Act and its requirements. Almost 84% said they received no training or information from their organization about the law, and only 19% could correctly identify the act as the legislation governing the broadcast of commercial e-mail, according to the survey.
Nearly 75% responding to the survey said they broadcast e-mails to customers at least once a month. Of that number, 26% do weekly e-mail broadcasts and 7% used daily mailings, WebSurveyor said.
Customer e-mail broadcasts made up 38% of all mailings, while mailings to prospective customers accounted for 25% of all mass e-mailings.
“This combination of high reliance on e-mail broadcasts and low level of knowledge of legal requirements is putting organizations at risk for civil and criminal penalties, as well as at significant risk of blacklisting by major ISPs and bandwidth providers,” WebSurveyor said.
CAN-Spam provides penalties for up to $250 per e-mail spam, with a cap of $2 million that can be tripled for aggravated violations.