US CAN-SPAM Act
Generally speaking, the U.S. CAN-SPAM Act applies to unsolicited commercial e-mails. The Act defines a commercial electronic mail message as “any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service.”
The Act exempts what it calls “transactional or relationship” messages, such as when a company e-mails its existing customers or anyone who has inquired about the company’s products or services. For example, while a company e-mail sent to an individual in response to that individual’s direct request for information about the company’s products or services may very well be commercial in nature, it is not considered SPAM under the law, because the response is solicited or requested. Likewise, e-mails from a company that contain invoice or product order information that is directed to existing customers are also not considered SPAM, because they are transactional or relationship messages based on an existing relationship between the company and the customer.
The intent of the Act is to prohibit and prevent (or at least greatly reduce) the incidence of SPAMMING, or the practice of sending unsolicited commercial e-mails.
Associates should be careful about using e-mail as a marketing tool. The law in the U.S. and the law in most countries where USANA does business generally prohibit spamming, and USANA’s Associate Policies and Procedures likewise prohibit the practice of sending unsolicited commercial e-mails to market the USANA opportunity or products.
It is best for Associates to e-mail only friends, family, and their team, or customers with whom they have an existing friendship or relationship. However, even if an Associate may know or have a friendly relationship with someone, that person may not necessarily want to receive any unsolicited commercial e-mail. Moreover, if an Associate wants to send an e-mail to anyone for the purpose of promoting or advertising the USANA opportunity and/or products, the Associate should make sure he/she complies with the requirements of the law in his/her country of residence (and the law of the country in which the e-mail recipient lives) when sending commercial e-mails. For Associates living in the United States, this means they should, at a minimum, comply with the CAN-SPAM Act, which requires any unsolicited commercial e-mail to contain truthful and accurate header information, a truthful and NOT misleading subject line, and a workable opt-out mechanism.
Associates can also find some very good “plain English” information about the CAN-SPAM Act on Wikipedia at http://en.wikipedia.org/wiki/Can_Spam_Act_of_2003 and the FTC’s web site at http://www.ftc.gov/bcp/edu/pubs/business/ecommerce/bus61.shtm.
Last modified: February 29, 2024
