Can-Spam Act Compliance
Luckynine Design sponsors a weekly email newsletter, Design Journal Weekly. While many newsletter subscribers have requested the newsletter, some subscribers may find themselves on the distribution list because they work with an authorized partner whom they have (by the partner’s terms) expressed permission to receive information from associated companies or because we have lawfully acquired niche email leads from lead sources like InfoUSA whom we believe could benefit from the newsletter.

"Spam" is unsolicited email and laws are in place to protect you against such nuisances as "Make Money Fast", "Personal Enhancement", and "Buy Cheap Drug" scams. Luckynine Design supports the Can-Spam Act of 2003 in hopes of preventing fraudulent emails and emails that do NOT offer an opt-out method.

While many companies say they "Support the Can-Spam Act of 2003", the truth is, most firms have never read it. We have. And, we're going a step further by posting it on our web site with commentary on how we comply. The data was copied in its original format from the FTC’s (Federal Trade Commissions) web. You can read the law in it’s entirety here.

Why do companies such as Luckynine Design utilize email marketing?
1) Marketing through education. Our newsletters allow us to directly communicate with businesses. Many subscribers become clients after receiving the helpful newsletter for four to six months.
2) Conversion. Email marketing offers higher conversions and lower costs per lead than direct mail or print advertising.
3) Non intrusive. Unlike postal "junk mail" you can opt to no longer receive commercial email.

The CAN-SPAM Act
The CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography and Marketing Act) establishes requirements for those who send commercial email, spells out penalties for spammers and companies whose products are advertised in spam if they violate the law, and gives consumers the right to ask emailers to stop spamming them.

The law, which became effective January 1, 2004, covers email whose primary purpose is advertising or promoting a commercial product or service, including content on a Web site. A "transactional or relationship message" – email that facilitates an agreed-upon transaction or updates a customer in an existing business relationship – may not contain false or misleading routing information, but otherwise is exempt from most provisions of the CAN-SPAM Act.

The Federal Trade Commission (FTC), the nation's consumer protection agency, is authorized to enforce the CAN-SPAM Act. CAN-SPAM also gives the Department of Justice (DOJ) the authority to enforce its criminal sanctions. Other federal and state agencies can enforce the law against organizations under their jurisdiction, and companies that provide Internet access may sue violators, as well. What the Law Requires

Here's a rundown of the law's main provisions:
It bans false or misleading header information. Your email's "From," "To," and routing information – including the originating domain name and email address must be accurate and identify the person who initiated the email. We are in compliance. We want our readers to see who is contacting them. Our "sent from" emails do not change and they are working email inboxes. We do use backup SMTP servers so that mailing may continue in case of a primary SMTP server glitch but our clear public source and backup source are easily obtainable in the email headers or can be requested from Luckynine Design. No secrets.

It prohibits deceptive subject lines. The subject line cannot mislead the recipient about the contents or subject matter of the message. That is always irritating. Thus, we do not use this practice. Our subject line is either an overview of the newsletter or the subject of our featured article.

It requires that your email give recipients an opt-out method. You must provide a return email address or another Internet-based response mechanism that allows a recipient to ask you not to send future email messages to that email address, and you must honor the requests. You may create a "menu" of choices to allow a recipient to opt out of certain types of messages, but you must include the option to end any commercial messages from the sender.

Any opt-out mechanism you offer must be able to process opt-out requests for at least 30 days after you send your commercial email. When you receive an opt-out request, the law gives you 10 business days to stop sending email to the requestor's email address. You cannot help another entity send email to that address, or have another entity send email on your behalf to that address. Finally, it's illegal for you to sell or transfer the email addresses of people who choose not to receive your email, even in the form of a mailing list, unless you transfer the addresses so another entity can comply with the law.

“An Opt-Out Mechanism” is offered and available. We have chosen this method to automate the unsubscribe process.

Furthermore, we will of course, not transfer our unsubscribe list. This is a newsletter for those interested in learning about design and branding. We respect your right to not receive emails.

It requires that commercial email be identified as an advertisement and include the sender's valid physical postal address. Your message must contain clear and conspicuous notice that the message is an advertisement or solicitation and that the recipient can opt out of receiving more commercial email from you. It also must include your valid physical postal address.