If you choose to send emails to a list you have not gained permission from, you are not breaking the law. Following best practices is optional, following the law isn't. However, if you are not implementing the previously listed rules as dictated from the CAN-SPAM Act, you could go to jail.

A recent report stated that 81 percent of email marketers are unaware of the CAN-SPAM Act. While this is mind boggling, it is also frightening. Who wants to pay a fine or go to jail due to a recent email marketing campaign you were managing for your Fortune 500 employer?

This isn't hyperbole. It is very evident today that it can and will happen to prominent companies. If you thought that the FTC was just going after low-level spammers, think again. Kodak Imaging Network, formerly Ofoto, was just cited and fined more than $25,000 (100 percent of the proceeds from the offending campaign). What did they do wrong?

• Failed to contain an opt-out mechanism.
• Failed to disclose in the email message that consumers have the right to opt-out of receiving further mailings.
• Failed to include a valid physical postal address, as required by law.

Remember, CAN-SPAM provides penalties for up to $250 per email spam, with a cap of $2 million that can be tripled for aggravated violations. Who wants to have their marketing budget (or personal bonus) go to the FTC?

Next: Conclusion