CAN-SPAM Act Compliance

CAN-SPAM Act of 2003 (S. 877) Compliance

The HomeActions, LLC Spam Policy was developed as an extension of our commitment to combine the highest-quality products and services with the absolute highest level of integrity in dealing with our clients. This Spam Policy is designed to assist you in understanding Federal Spam Law and how HomeActions systems maintain compliance.

CAN-SPAM ACT of 2003 (S. 877)

The “Controlling the Assault of Non-Solicited Pornography And Marketing” (CAN-SPAM) Act requires Unsolicited Commercial E-mail (UCE) messages to include opt-out instructions and the sender’s physical address if the recipient has not opted-in. It prohibits the use of deceptive subject lines and false headers in such messages. The FTC is authorized (but not required) to establish a “do-not-email” registry. State laws that require labels on unsolicited commercial e-mail or prohibit such messages entirely are pre-empted, although provisions merely addressing falsity and deception would remain in place. The CAN-SPAM Act was signed into law by President Bush on December 16, 2003 and took effect on January 1, 2004.

Compliance

HomeActions will ensure that all portions of the product under our control remain in compliance with Federal Spam Law. HomeActions will also implement procedures that reduce the chances that newsletters will be improperly stopped by client-side Spam filters. As such, the following practices will be implemented:

  • Reply-To: addresses for all newsletters will be set by the clients in the client center, commonly referred to as the HomeActions Dashboard. The address must be valid and must be checked regularly.
  • An unsubscribe link within each newsletter will allow any Member of any client to unsubscribe from that newsletter with a single click.
  • Each email newsletter sent to a “Prospect” or “Referral” will contain a watermarked footer with the client’s address and the following words: “In compliance with Federal Law, we disclose that this is a commercial email.”

Forbidden Practices

The following activities are interpreted as Spam practices and are strictly forbidden by HomeActions:

  • Sending email to non-specific addresses (ex. info@domain.com or sales@domain.com) or distribution lists which then send indirectly to various other email addresses.
  • Using a purchased or harvested list of any type.
  • Ignoring unsubscribe requests sent to the Reply-To: address.

HomeActions reserves the right to reject and remove any email address from the system if it is in violation of any of the above or if it is suspected of being a blacklist “feeler” address. HomeActions may also impose a Prospect Opt-In requirement for clients with large lists of Prospects.

Policy Enforcement

Any client found to be using HomeActions products or services for spamming purposes may, at HomeActions’ discretion, be immediately cut off from use of all HomeActions products and services, with no refund of fees that have been paid. HomeActions warns all of its clients when signing up that if they participate in spamming activities they will be subject to the loss of HomeActions services and possible legal action.

HomeActions has the right to actively review its clients’ subscriber lists and email for potential Spam. If HomeActions suspects any customers to be spamming, it will issue a warning, and if the activities are serious enough, HomeActions will take action immediately. If HomeActions has any reason to believe the client, despite warning being given, threatens to or is continuing to send Spam, then HomeActions may take action immediately, including, but not limited to, disabling the client’s account.

HomeActions does not attempt to censor any content or curtail the business of its clients. However, Spam activities do not fall within use authorized by HomeActions and will not be tolerated.

Policy Changes

HomeActions, LLC reserves the right to change this Policy at any time. If we do change the Policy, we will provide notification of the change as quickly as possible before the change takes effect and will include directions for how you can respond to the changes. Continued use of HomeActions products and services after any such changes shall be considered acceptance of the new policy.

Additional Information

Questions regarding this Spam Policy should be directed to the HomeActions Web site by selecting Contact Us from the menu above or by calling HomeActions at (240) 408-4002. This policy was last updated on March 11, 2013.