The CAN-SPAM Act is supposed to protect us from unwanted commercial email but some U.S. based spammers, who usually call themselves direct marketers, have found a loophole to get around the requirements placed on them by the law.

CAN-SPAM says commercial emailers must provide a clear and easy way for recipients to opt out of receiving further messages and they must promptly honor those requests. What some sleazy marketers have found however, is that they can get around having to do so by changing their name. They send a blast of spam as XYZCompany at XYZ.com. They get a flurry of opt out requests and instead of honoring them, they change their name to XYZCompany1 at XYZ1.com.  More spam sent, more requests received, and they change their name again, this time to XYZCompany2 and XYZ2.com.

What can be done? It’s up to the U.S. to change the law to say that direct marketers and commercial emailers must get permission from consumers BEFORE sending any of their spam. In doing so the U.S. will fall into line with spam laws in most other countries.

Will this happen? That’s anyone’s guess. The Supreme Court’s decision to allow businesses to spend as much as they want on political campaigns may have a less than pleasant effect on the law. In the meantime, if your company is using this practice, stop. It’s not legal and it’s not good business.