**Applies to all emails or text – electronic communication**
Three Rules:
1. Sender must have consent from recipient PRIOR to sending
2. There must be proper ID from sender
3. Unsubscribe button must be prominent and stand alone
Why follow rules?
– Up to $10 million dollar fine per violation
– Recipient can sue for damages ($200) per electronic message
Commercial Electronic Messages (CEM)
– Includes Facebook
– Posting are ok, must be specific, messages without implied or express consent are not permitted
There are Two (2) Forms of Consent
1. IMPLIED – 5 circumstances
o Following up on a referral – sender must disclose name of person who referral was
obtained from
o Existing Business Relationship – had business with them within the past two years
than ok. If there was an inquiry, you have 6 months from that inquiry to communicate
based on implied consent
o Existing non-business
o Conspicous publication of email
o Disclosure of email address
If you have a database you have been communicating with prior to July 1, 2014, you can continue under implied consent until July 1, 2017, BUT YOU MUST INCLUDE AN UNSUBSCRIBE BUTTON
2. EXPRESS Consent:
– When consent cannot be Implied, you must explain purpose of your business (will be sending newsletter, info on market, etc) You must provide your complete identification and provide an unsubscribe button
– Consent must be obtained by opt-in not opt-out and can be verbal as well
– Unsubscribe button must have a confirmation email that is sent
