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Is Your Client A Spammer?

BY Jonathan Bick
November 01, 2004

[Editor's note: We've covered the CAN SPAM Act fairly extensively from a "what is it" type of perspective. In this article, Board of Editors member Jonathan Bick provides some practical advice on how to advise those clients who want to send marketing e-mails lawfully (it just doesn't seem right to say "spam lawfully.")]

By all accounts, unsolicited commercial e-mail advertisement, or spam, comprises the majority of all e-mail traffic in the United States.

Although an annoyance to most Internet users, spam persists because it is simple and cost-effective. There is no per message charge to send e-mail. As a result, a spammer's transaction costs are normally confined to equipment costs, a monthly rental fee for an e-mail account, and the price of a mailing list. If a spammer can send an e-mail advertisement to one million people at a cost of only $100, he or she will make a 10% profit if just 11 customers respond and pay $10 each.

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