Mailers: California Spam Law Makes Hiding Illegal

A common practice amongst mailers is to use fictitious names for all their mailing companies, with PO Boxes and various domains registered to non-existent people. In fact, they ruled in Balsom Vs. Trancos, that pretty much all fake headers violate California Law. So now, according to this ruling, all commercial emails must include a domain name that that is registered to the actual sender.

Here are some quick tips that you need to think about:

1)   You must pretty much use a “from address” that comes from your actual domain.
2)   The domain must be able to be looked up with an accurate address and company name association. Putting down the name of the list instead of the corporation or entity sending the email will not be allowed.
3)   You CANNOT use a private registration

Again, the purpose of this law is to make sure that someone can accurately look up the real entity that is sending the email. Basically any attempt to hide who is sending the email using fake names, “list names” or fake identities will mean that you are in violation of the law and unfortunately can be held liable for a lot more money. Anti-Spam Lawyers will then most likely start looking at you and seek serious damages in order to extort money.

To make this clear, DO NOT try to hide your identity.

Highly recommend that you read Superstar Attorney Richard Newman’s article on this topic.

Pesach Lattin
Pesach Lattin
Pesach "Pace" Lattin is one of the top experts in interactive advertising, affiliate marketing. Pace Lattin is known for his dedication to ethics in marketing, and focus on compliance and fraud in the industry, and has written numerous articles for publications from MediaPost, ClickZ, ADOTAS and his own blogs.

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