Sunday
August 20, 2023
Are you not tired of receiving endless spam text messages and emails? 
Nowadays, almost everyone has more than one email and carries two mobile phones in hopes of keeping work and personal networks separate. This hope turns into pain as it often takes only a few hours for my inboxes to get cluttered after I declutter my inbox and phone storage. 
Recently, I spent hours deleting 186 unread messages and unsubscribing from unwanted emails, with 49,146 unread emails in my inbox. 
It is high time for smart Bangladesh to implement something like the Can-Spam (the Controlling the Assault of Non-Solicited Pornography and Marketing) Act of 2003, the United States’ first national standard for sending commercial e-mail. 
I worked on this Act in 2019 during my time at the Federal Trade Commission in Washington, DC. 
This Act requires businesses to comply with the law, as violating it could subject them to penalties of up to $50,000, making non-compliance very costly in terms of fines. 
The Act covers all commercial messages, including bulk emails, which the law defines as “any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service.” This also includes email that promotes content on commercial websites. 
The law makes no exception for business-to-business email. That means all emails – even a message to former customers announcing a new product line – must comply with the law. 
Here, I have summarised the guidelines set by the Can-Spam Act 2003 for Bangladeshi businesses to follow if they use email as a mode for marketing products/campaigns to ensure that they are legal and ethical.  
Not to use false or misleading header information. Your “From,” “To,” “Reply-To” and routing information – including the originating domain name and email address – must be accurate and identify the person or business who initiated the message. 
Not to use deceptive subject lines. The subject line must accurately reflect the content of the message.
Pertinent to identify the message as an ad. The law gives flexibility in how to do this but it must disclose clearly and conspicuously that the message is an advertisement. 
Must inform the recipients of the location/physical address of the business: All messages must include a valid physical postal address, which could be a registered post office box or a private mailbox registered with a commercial mail-receiving agency. 
Must explain clearly to the recipients how to opt out of receiving future emails by including a clear explanation of how the recipient can opt out of getting emails in the future in an easy-to-follow set of instructions and honour opt-out requests promptly within a strict timeframe. Once the business is informed of the choice to opt-out, it cannot sell or transfer the recipients’ email addresses, even in the form of a mailing list. 
All businesses are bound to respect their customers’ choices under Can-Spam Act 2003. They are also liable to ensure that the third-party hired to handle their marketing complies with the law, as both the company whose product is promoted in the message and the company that sends the message may be held legally responsible for violating the provisions of the Act. 
Smart Bangladesh needs similar guidelines that must include SMS, emails and push notifications by following similar anti-spam and data protection laws across the globe. 
In our world, companies rely on tools like email marketing to get the word out about their latest and greatest offerings. While it is acknowledged that using sms and/or emails is the easiest, fastest and most cost-effective marketing tool for this digital era, it can only positively impact businesses and people if the marketing campaigns are conducted effectively and ethically.
It is time for businesses – old, new and even startups – to respect their customers’ wishes and privacy and create their internal policy while choosing sms, push notifications and/or email to market their products/campaigns. 
A clearly defined set of guidelines under a similar law, like the Can-Spam Act 2003, will protect the customer’s rights by allowing them to monitor if the businesses are respecting their rights to choose whether or not to receive emails/notifications. 
I wish to no longer be flooded by unwanted emails when I click on the little envelope icon or messages icon on my smartphone with everything from sales on shoes at a store I barely remember visiting and deals on supermarkets that never seem to stop coming in. 
Following guidelines will help develop the brand reputation and eventually result in receiving positive customer feedback for a business that does not use spam or unsolicited emails to clutter its customers’ inboxes. 
Tasnuva Shelley is the Founder & CEO of Legalised Education and the Head of Chambers, Justicia Legal Minds.

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