HealthActions™ Compliance with the CAN-SPAM Act of 2003 (S. 877)
HealthActions™ is a division of HomeActions, LLC™. HomeActions™ and its various divisions include IndustryNewsletters™ and HealthActions™.
CAN-SPAM Act of 2003 (S. 877) Compliance and Terms of Service
The HealthActions™ SPAM Policy was developed as an extension of our commitment to combine the highest-quality products and services with the absolute highest level of integrity in dealing with our clients. This SPAM Policy is designed to assist you in understanding Federal SPAM Law and how the HealthActions™ systems maintain compliance.
CAN-SPAM ACT of 2003 (S. 877)
The “Controlling the Assault of Non-Solicited Pornography And Marketing” (CAN-SPAM) Act requires Unsolicited Commercial E-mail (UCE) messages to include opt-out instructions and the sender ‘s physical address if the recipient has not opted-in. It prohibits the use of deceptive subject lines and false headers in such messages. The FTC is authorized (but not required) to establish a “do-not-email” registry. State laws that require labels on unsolicited commercial email or prohibit such messages entirely are pre-empted, although provisions merely addressing falsity and deception would remain in place. The CAN-SPAM Act was signed into law by President Bush on December 16, 2003 and took effect on January 1, 2004.
HealthActions™ will ensure that all portions of the product under our control remain in compliance with Federal SPAM Law. HealthActions™ will also implement procedures that reduce the chances that email newsletters will be improperly stopped by client-side SPAM filters. As such, the following practices will be implemented:
- Reply-To: addresses for all newsletters will be set by the clients in the client center, commonly referred to as the HealthActions™ Dashboard. The address must be valid and must be checked regularly.
- An unsubscribe link within each newsletter will allow any Member of any client to unsubscribe from that newsletter with a single click.
- Each email newsletter sent to a Member of a client’s email database will contain a watermarked footer with the client ‘s address and the following words: “In compliance with Federal Law, we disclose that this is a commercial email.”
- Any Member of a client ‘s email database who does not open and/or click on content within an email newsletter for 10 consecutive launches or who does not open and/or click on content within 16 consecutive launches of email newsletters combined with single launch (OnTarget) messages will be “Suppressed” as an unengaged database Member.
- If a “Suppressed” Member reengages with messaging by either opening and/or clicking on content within an email, then the “Suppressed” member will be reactivated and added to the list of active senders in a client’s email database.
- Although we allow for unlimited Member Database size growth, HealthActions™ will restrict Database growth rates to 1,000 new member additions per two week launch period. This process protects our clients’ sending reputation and ensures that Database growth rates do not exceed thresholds that would indicate possible SPAM email practices due to sudden, unexplainable increases in sending volume.
The following activities are interpreted as SPAM practices and are strictly forbidden by HealthActions™:
- Sending email to non-specific addresses (ex. email@example.com or firstname.lastname@example.org) or distribution lists which then send indirectly to various other email addresses;
- Using a purchased or harvested list of any type;
- Ignoring unsubscribe requests sent to the Reply-To: address; and
- Adding more than 1,000 new Database Members in any two week period following initial Database setup.
HealthActions™ reserves the right to reject and remove any email address from the system if it is in violation of any of the above or if it is suspected of being a blacklist “feeler” address. HealthActions™ may also impose a prospect “Opt-In” requirement for clients with large lists of prospects.
Any client found to be using HealthActions™ products or services for spamming purposes may, at the discretion of HealthActions™, be immediately cut off from use of all HealthActions™ products and services, with no refund of fees that have been paid. HealthActions™ warns all of its clients when signing up against participation in disreputable email sending activities. If said clients engage in SPAM practices, they will be subject to the loss of HealthActions™ services and possible legal action.
HealthActions™ has the right to actively review its clients ‘ subscriber lists and email for potential SPAM. If HealthActions™ suspects any clients to be spamming, it will issue a warning. If the activities are serious enough, HealthActions™ will take immediate action. If HealthActions™ has any reason to believe the client, despite warning being given, threatens to or is continuing to send SPAM, then HealthActions™ may take action immediately, including, but not limited to, disabling the client ‘s account.
HealthActions™ does not attempt to censor any content or curtail the business of its clients. However, SPAM activities do not fall within use authorized by HealthActions™ and will not be tolerated.
HealthActions™ reserves the right to change this policy at any time. If we do change the policy, we will provide notification of the change as quickly as possible when the change takes effect and will include directions for how users may respond to the changes. Continued use of HealthActions™ products and services after any such changes shall be considered acceptance of the new policy.
Questions regarding this SPAM Policy should be directed to the HealthActions™ website Contact page at healthactions.com/contact-us or by calling HealthActions™ via IndustryNewsletters™ at (240) 408-4002.
This policy was last updated on August 25, 2021.