Child Protection Registry Alert
While we cannot provide legal advice, we feel it is important to bring to your attention some state laws that may affect you. Specifically, this page provides some information regarding new laws enacted in Michigan and Utah, which you may find useful. It is not a full analysis of how they may apply to you. If you believe you may be affected, you should consult with an attorney.
While we cannot provide legal advice, we feel it is important to bring to your attention some state laws that may affect you. Specifically, this page provides some information regarding new laws enacted in Michigan and Utah, which you may find useful. It is not a full analysis of how they may apply to you. If you believe you may be affected, you should consult with an attorney.
What are the "Child Protection Registry" laws?
They are state laws put in place to protect children from commercial email containing advertising or content inappropriate for a minor. The laws designate registries that are similar to the current "do not call" lists, but instead of listing phone numbers the registries contain email addresses which are in use by or viewable by a minor.
For details, please visit the Michigan's Children's Protection Registry Act and the Utah Child Protection Registry websites.
When do marketers need to comply with the laws?
The Utah law went into effect July 15th and compliance for senders began August 15th. The Michigan law went into effect July 1st, but compliance with the law for senders is currently postponed while they re-evaluate the cost.
Are the Utah and Michigan laws pre-empted by the federal CAN SPAM law or the First Amendment?
Many have speculated that these state laws may be pre-empted by the federal CAN-SPAM Act or the First Amendment. The issue, however, is unlikely to be resolved until it is brought to court. Until such time that a court has determined these laws is invalid, it is best to comply. For more information, visit the Direct Marketing Association's Summary of Michigan and Utah Child Protection Registry Statutes.
Do the laws apply to me?
Only you and your lawyer can answer this question, but in general the laws are targeted to any sender of commercial email who advertises a product or service that a minor is prohibited by law from purchasing or contains or advertises material that is harmful to minors. Such advertising or content inappropriate for a minor may include, but are not necessarily limited to: alcohol, tobacco, pornography or obscene material, gambling, lotteries, illegal drugs, firearms or prostitution. For details, please visit each states respective compliance website: Michigan and Utah.
I'm not based in Utah or Michigan; do the state laws apply to me?
The fact that you are not based in a certain state does not necessarily mean that the law does not apply to you. Again, you should consult an attorney if you are unsure.
What must I do to comply?
If you are sending email containing or linking to any of the prohibited content listed by the individual states, you can either remove this content from your email campaigns or you can scrub your email list on a monthly basis to comply with the relevant laws. To scrub your list, please visit the registry site and follow these instructions: (1) click "Apply to Create an Account" (2) select "Individual Sender" under "Account Type" and (3) provide your information. Within a few days you will be emailed information that will allow you to scrub your list for both states. Their application "hashes" or "encrypts" your list for security reasons and sends it to the registry servers. The result is a list of email addresses that you must remove from your list to comply with the laws. You can easily mark these names as "permanently removed" subscribers so that you do not accidentally email them in the future. </STRONG>
How much does it cost to check the registry?
The registry charges its fee based on your list size. To check the Utah registry is costs $.005 or half a penny per email address on your list. Therefore, if you have a list of 1,000 email addresses to check it will cost you $5/month ($.005 x 1,000). Currently the Michigan registry is re-evaluating the cost of their fee, and is not charging this time.
What happens if I don't comply?
Failure to comply with the Michigan law can result in up to 3 years in jail and criminal fines of up to $30,000. Additionally, civil penalties of up to $5,000 per message sent in violation of the law, to a maximum of $250,000 per day. Failure to comply with the Utah law can result in potential felony charges and civil and criminal penalties from $1,000 to $5,000 per message sent in violation of the law.
They are state laws put in place to protect children from commercial email containing advertising or content inappropriate for a minor. The laws designate registries that are similar to the current "do not call" lists, but instead of listing phone numbers the registries contain email addresses which are in use by or viewable by a minor.
For details, please visit the Michigan's Children's Protection Registry Act and the Utah Child Protection Registry websites.
When do marketers need to comply with the laws?
The Utah law went into effect July 15th and compliance for senders began August 15th. The Michigan law went into effect July 1st, but compliance with the law for senders is currently postponed while they re-evaluate the cost.
Are the Utah and Michigan laws pre-empted by the federal CAN SPAM law or the First Amendment?
Many have speculated that these state laws may be pre-empted by the federal CAN-SPAM Act or the First Amendment. The issue, however, is unlikely to be resolved until it is brought to court. Until such time that a court has determined these laws is invalid, it is best to comply. For more information, visit the Direct Marketing Association's Summary of Michigan and Utah Child Protection Registry Statutes.
Do the laws apply to me?
Only you and your lawyer can answer this question, but in general the laws are targeted to any sender of commercial email who advertises a product or service that a minor is prohibited by law from purchasing or contains or advertises material that is harmful to minors. Such advertising or content inappropriate for a minor may include, but are not necessarily limited to: alcohol, tobacco, pornography or obscene material, gambling, lotteries, illegal drugs, firearms or prostitution. For details, please visit each states respective compliance website: Michigan and Utah.
I'm not based in Utah or Michigan; do the state laws apply to me?
The fact that you are not based in a certain state does not necessarily mean that the law does not apply to you. Again, you should consult an attorney if you are unsure.
What must I do to comply?
If you are sending email containing or linking to any of the prohibited content listed by the individual states, you can either remove this content from your email campaigns or you can scrub your email list on a monthly basis to comply with the relevant laws. To scrub your list, please visit the registry site and follow these instructions: (1) click "Apply to Create an Account" (2) select "Individual Sender" under "Account Type" and (3) provide your information. Within a few days you will be emailed information that will allow you to scrub your list for both states. Their application "hashes" or "encrypts" your list for security reasons and sends it to the registry servers. The result is a list of email addresses that you must remove from your list to comply with the laws. You can easily mark these names as "permanently removed" subscribers so that you do not accidentally email them in the future. </STRONG>
How much does it cost to check the registry?
The registry charges its fee based on your list size. To check the Utah registry is costs $.005 or half a penny per email address on your list. Therefore, if you have a list of 1,000 email addresses to check it will cost you $5/month ($.005 x 1,000). Currently the Michigan registry is re-evaluating the cost of their fee, and is not charging this time.
What happens if I don't comply?
Failure to comply with the Michigan law can result in up to 3 years in jail and criminal fines of up to $30,000. Additionally, civil penalties of up to $5,000 per message sent in violation of the law, to a maximum of $250,000 per day. Failure to comply with the Utah law can result in potential felony charges and civil and criminal penalties from $1,000 to $5,000 per message sent in violation of the law.
