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Does CAN SPAM apply to individual prospecting emails

Two different people on two different mailing lists asked very similar questions recently. Are people who send individual prospecting emails required to comply with CAN SPAM.
My opinion (not a lawyer, don’t play one on TV, didn’t stay at a Holiday Inn last night) is that CAN SPAM does not mention anything about volume, and any individual unsolicited email that has a “primary purpose” of advertising is required to include a physical postal address and a way to unsubscribe.
My other take on it is for individual prospecting emails failing to comply with CAN SPAM is like speeding. It’s illegal, and you can get in legal trouble by doing it, but everyone does it and few people get caught.

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Links for 1/7

Chris K. at Bronto blogs about in-store address collection and delivery issues. Chris is right, the Spamhaus issue isn’t going away any time soon. And companies collecting addresses in store / at point of sale really need to figure out how to make sure that their data capture is accurate. That means addressing everything from customers giving the wrong address to typos and other transcription errors.
Gene M. at Forbes asks Is Constant Contact the Best E-Mail Marketing Service?. I’m not sure Constant Contact is the best, but it’s nice to see that some people do realize that the occasional compliance incident just means that the ISP is actually monitoring things.
Matt B from Return Path posts his predictions for the new year. While I don’t always do predictions, I agree with all of his.
The Next Web says that Yahoo users are being compromised by an XSS exploit. I have noticed a lot more virus from Yahoo users over the last 2 days, including one person who said their account was broken into while she was on the ski slopes. It may not be exactly an XSS hack, but something is broken at Yahoo and the spammers seem to be somehow getting around Yahoo’s outbound filters.

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