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The
Can-Spam Act: By Andrew
Fortin On
Tuesday, December 16, President Bush signed the Can-Spam Act, which imposes
restrictions and penalties for the sending of unsolicited ‘commercial’
e-mails. The bill does impose
some immediate restrictions that may affect your club while also directing
the Federal Communications Commission to develop more detailed guidelines to
take effect late in 2004.
What
is the Can-Spam Act? The
Can-Spam Act is a new law signed by President Bush that requires the sender
of a ‘commercial e-mail’ to have the affirmative permission of the
recipient before sending it. Failure
to do so could result in fines. Although
the law is targeted at senders of mass junk e-mails, the provisions can
apply to e-mails sent out by clubs. When
did this new law take effect? The
Can-Spam Act became effective on January 1, 2004. What
is covered by the Can-Spam Act? Currently,
any e-mail whose primary purpose is commercial in nature requires that the
sender have prior permission from the recipient to send such messages. Are
there exemptions? Yes,
the act only covers e-mail messages that are primarily commercial and
specifically exempts sending of messages that relate to a transaction or
certain elements of an existing relationship. The
Transactional/Relationship Exemption: This exemption applies to
any e-mail that is part of an ongoing transaction or relationship.
This would include e-mails related to membership in the club like a
renewal notice, a monthly account statement, or assessments. It also exempts
e-mails to employees that discuss such topics as benefit plans in which the
employees are currently enrolled. Examples
of e-mails where no prior permission is required: An
e-mail notifying a member of his or her annual dues. This would be allowed
under the transactional/relationship exemption. A
monthly e-mail newsletter that may contain advertisements would not require
prior permission because it is not ‘primarily commercial.’ Examples
of e-mails where prior permission would be required: An
e-mail notice of a sale at a pro-shop. An
e-mail notice of a special sales event, or social event for which there is a
fee charged. Fines: Fines
of up to $250 per e-mail can be levied for non-compliance.
FAX
COMMUNICATIONS: As
reported by the National Club Association over the summer, the Federal
Communications Commission has also issued regulations governing the use of
fax machines for the transmission of unsolicited communications.
Originally scheduled to go into effect in August of 2003, these
regulations have been pushed back and are now scheduled to take effect in
January 2005. How
do new federal regulations regarding faxes impact my club: As
of January 1, 2005, any organization sending any fax that is
‘commercial’ in nature or contains a solicitation must have prior
written permission from the recipient before sending it. This rule will
apply even if the person to whom you are sending the information is a
current member of your club. Examples
of faxes that are commercial in nature include:
Advertisements for an upcoming dinner dance at the club for which there is a
charge; promotions for upcoming golf tournaments (if a charge is involved);
any fax touting club services, a fax promoting a sale at your club’s pro
shop; member invoices or billing statements. Faxes
not included in the new rule: Announcements
for upcoming meetings, an alert about important club business, club
schedules, or any other communication that does not contain an offer that
could be considered commercial in nature. Penalties: The new regulations will impose a minimum $500 per fax
penalty for unsolicited faxes sent without prior written permission.
Violation of the new federal regulation may also create liability under
state law. The regulation
allows the recipient of an unsolicited fax to bring action against your
club. How
does my club comply with the new regulations:
NCA recommends that clubs communicating with their members through
faxes and e-mail obtain blanket written permission from their members to do
so. This permission can be obtained either with the sample form
below, or by having the member send an e-mail.
These forms should be kept on file. ************************************************************************ CLUB
FAX & E-MAIL AUTHORIZATION FORM President Bush has recently
signed into law provisions that limit our ability to communicate with you
via e-mail. As of January 1, 2004 our club is no longer able to e-mail you
information about events at our club that involve extra charges, such as
dinner-dances, club tournaments, etc. In order to continue to be able to
send you this information, club management will be required to keep a
written authorization from you on file. This authorization form can be faxed
or you may e-mail permission to our offices. NAME:
_________________________________________________________ MEMBERSHIP NUMBER:
_________________________________________ FAX NUMBER(S):
__________________________________________________ E-MAIL ADDRESS(ES):
______________________________________________ Please
Check One Box: _________
Yes, the club has my
permission to fax or e-mail me at the number or _________ No, pursuant to the new FCC rules, I do not give the club permission to e-mail or fax me information about club events or offerings that may be considered “commercial” under the new regulations. NAME: (Please Print): _____________________________________________________ TITLE: _________________________________________________________________ SIGNATURE: _______________________________________ DATE: ___________
Please
fax this information to __________________ at _____________________, or
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