What is Spam?

There are a variety of definitions and interpretations of the word itself, but at its core, spam is unsolicited, irrelevant email, sent in bulk to a list of people. For example, let’s say you purchased a list of email addresses from a local business organization. On the surface, that list of addresses seems like it could contain some great prospects for your business, and you want to send them an email with a relevant offer they can’t refuse. But, since those people didn’t give you explicit permission to contact them, sending an email to that list would be considered spam.

Spam laws

As an Email Service Porvider, HBJamaica is required to enforce spam laws, not just because it's a legal obligation, and not just because it's the right thing to do. Spam negatively impacts deliverability rates, and we want to make sure your emails reach their recipients. We have some very strict rules that must be adhered to in all countries. 

If you have any questions regarding the details of the laws or any potential legal ramifications, we encourage to you to consult an attorney who is familiar with this topic.

The CAN-SPAM Act of 2003 became law on January 1, 2004. According to the FTC, if you violate the law, you could be fined $11,000 for each offense—that’s $11,000 for each email address on your list. ISPs around the country have already successfully sued spammers for millions of dollars under this law. If you send commercial email (generally sales or promotional content), you should familiarize yourself with the requirements of CAN-SPAM especially if you solicit anyone within the diaspora. A few key points of the law include:

  • Never use deceptive headers, From names, reply-to addresses, or subject lines.
  • Always provide an unsubscribe link.
  • The unsubscribe link must work for at least 30 days after sending.
  • You must include your physical mailing address.

Canada’s Anti-Spam Legislation (CASL) went into effect on July 1, 2014 and carries penalties of $1-10M per violation. CASL is very similar to the CAN-SPAM Act, but has some minor differences and covers all electronic messages, not just email. 

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