If we are sending out an email marketing blast, do we have to disclose that the emails are for marketing purposes? What are the federal requirements?

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The email solicitations that you are interested in sending are covered by the Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM Act”). The CAN-SPAM Act requires that emails with a primary purpose of advertising or promoting a commercial product or services contain the following items:

1.     The email must clearly identify itself as an advertisement or solicitation;

2.     The email must contain clear and conspicuous information regarding how to decline receiving future emails; and

3.     The email must contain a valid, physical postal address for the sender.

Please also note that the email may not have a misleading header or “from” line. It is deemed to be misleading if the header does not accurately identify the computer which initiated the email.