Hardwood Floors February/March 2025

Legal (Continued)

4

EMAIL Email is a widely used advertising channel, allowing businesses to reach a large customer

base with minimal effort. However, companies should ensure their email marketing follows applicable laws and regulations. The FTC also enforces the Controlling the Assault of Non Solicited Pornography and Marketing Act of 2003 (CAN-SPAM Act), which is a law that outlines guidelines for commercial emails, sets requirements for such messages, provides recipients with the right to unsubscribe from communications, and specifies significant penalties for any violations. The CAN-SPAM Act requires that certain information be included in all unsolicited commercial email, which is any commercial email sent to a recipient who has not explicitly given their consent to receive marketing messages from the sender. An unsolicited message must: • Be clearly and conspicuously identified as an advertisement or solicitation somewhere in the body of the message. • Include a clear and conspicuous electronic opt-out mechanism. • Provide the sender’s valid physical postal address. Companies should be aware that the CAN-SPAM Act also prohibits using deceptive subject lines and false header information, such as creating a false sense of urgency or implying important information that isn’t actually in the email content. Each individual email violating the CAN-SPAM Act may incur penalties of up to $51,744, thus non-compliance could lead to significant financial consequences.

5 TEXT MESSAGING

Like email, text messaging provides an effective channel for companies to interact directly with customers. The Federal Communications Commission (FCC) enforces the Telephone Consumer Protection Act

(TCPA), which regulates telemarketing calls and text messages, as well as the use of automatic telephone dialing systems and artificial or prerecorded voice messages. Depending on the technology used to send the text message and the type of telephone line (land or mobile) contacted, companies must satisfy notice and express advance-consent requirements before sending a commercial text message. Additionally, regardless of the technology used or type of telephone line contacted, companies must ensure that they are not sending text messages to numbers on the National Do Not Call Registry, which is managed by the FTC and allows consumers to register their phone numbers to limit unwanted telemarketing. TCPA violations have led to many class-action lawsuits, resulting in millions of dollars in settlements paid by advertisers that failed to comply fully. Technology has transformed how businesses engage with consumers in previously unimaginable ways. While this evolution can offer advantages for businesses and consumers, it also presents genuine risks and challenges for companies to navigate. So, whether using traditional or online marketing and advertising, it is important to consult with legal counsel to help navigate the legal and regulatory risks. Iqra Mushtaq is a corporate attorney at Barnes & Thornburg, LLP, in Chicago, Illinois. With a unique background in law, policy, and business, Iqra provides her clients with dedicated preparation, outside-of-the-box thinking, and a dynamic approach to problem solving. She can be reached at iqra. mushtaq@btlaw.com.

36 hardwood floors hardwoodfloorsmag.com