Consumers often wonder if a service such as Organic Emails is legal. Our services are allowed within the US and abide by US laws including CAN-SPAM and CCPA. Our services are not allowed for

European countries and European traffic operating under GDPR.  Additional details related to CAN-SPAM can be found below and are intended solely for informational purposes and is not intended to constitute legal advice. 

CAN-SPAM

  • CAN-SPAM prohibits email harvesting which is generally defined as obtaining email addresses from a website using an automated means when the website has a notice stating that the operator of the website will not give, sell, or otherwise transfer email addresses maintained by the website for the purposes of allowing others to send emails to the address.
  • Thus, the Technology should not collect or provide email addresses to users of the Technology if those email addresses were acquired from a website that prohibits email address harvesting.
  • Opt-Out – Not Opt-In. While some jurisdictions outside of the United States (e.g. the European Union and Canada) require an affirmative opt-in in order to send marketing or commercial emails, the US has been, since the passage of CAN-SPAM, an opt-out jurisdiction. This means marketing emails can be sent to recipients unless and until they have opted out of receiving marketing emails from the sender.
  • Accordingly, a user of the Technology can send emails to email addresses acquired through the Technology provided that the recipient has not previously opted-out of receiving marketing emails from the Technology user/sender.
  • The sender of marketing emails acquired using the Technology should include an unsubscribe link or other opt-out mechanism in all marketing emails and promptly honor all opt-outs.
  • Other CAN-SPAM compliance tips include:
  • Don’t 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.
  • Don’t use deceptive subject lines. The subject line must accurately reflect the content of the message.
  • Identify the message as an ad. The law gives you a lot of leeway in how to do this, but you must disclose clearly and conspicuously that your message is an advertisement.
  • Tell recipients where you are located. Your message must include your valid physical postal address. This can be your current street address, a post office box you’ve registered with the U.S. Postal Service, or a private mailbox you’ve registered with a commercial mail receiving agency established under Postal Service regulations.