New year, new you. Here is an attainable resolution for you to add to your list and crush within 3 months.

Happy New Year, 2016! Every new years, San Diegans create exciting resolutions to improve their lives. This tradition of creating resolutions has been known to exist during Babylonian time as we all want to live quality lives and improve our lives with a new calendar year. Some resolutions are very attainable while others are short-lived and last only a calendar month or so; trust me, we’ve all made those short-lived ones meant to improve our lives radically. Resolutions usually include:

  • Improve well-being;
  • Exercise;
  • Think more positively;
  • Upgrade wardrobe;
  • Put more money in savings;
  • Pay off all credit cards this year;
  • Improve finances; and
  • Spend more quality time with friends and family.

However, there is one resolution that often gets overlooked and that is to take care of your loved ones through planning. This is a resolution that should be handled in the next three calendar months to avoid having it become a short-lived resolution.  Taking care of your loved ones can be handled through creating a Last Will and Testament and/or a Revocable Living Trust. Most consider these documents are something the elderly group should concern themselves with, but this belief is entirely incorrect.  These documents are beneficial to anyone over the age of 18.  Essentially, these documents describe what happens to your cars(s), money, belongings, and possibly children, if you become incapacitated or die. These documents are created to have just in case anything were to happen to you. Of course, even though documents are created, we hope you live a great 2016 and many more years to come.  The documents described above are created in case of the unexpected and persons of all ages, especially after 18, should have one.

As life moves forward quickly in 2016 and you earn a pay raise, grow your family with new children or nieces and nephews, buy a new home, experience changes in your network of friends and family, it is a good time now (at the beginning of a new calendar year) to consider what Will or Trust you have in place. If you do not have anything in place, you should consider establishing one. If you have a Will or Trust in place but have not revisited the documents in years, it is a great time to reconsider the contents of the documents you have established.

As a courtesy reminder, do not mark your current Will or Trust with pen or pencil to note any changes. Doing so may invalidate your documents and really complicate your probate administration or trust administration.  If you are considering making changes to your Will or Trust, speak with an attorney to learn about the process. Depending upon the amount of changes you desire, different steps will be necessary to make those changes legally effective.

Crush this resolution by giving yourself a deadline.  Over the next 3 months, consider establishing or revisiting your Will or Trust. Now  that we’re already in the new year and you are soon going to be in the mind frame of handling your finances and taxes this upcoming tax season, it would also be a great time to add “estate planning review” to your list of goals to accomplish this year. In doing so, you’d crush your new years resolution of taking care of your loved ones in case of your absence.  Leaving your loved ones without such planning could cost them plenty of time and more importantly, money.

Call to schedule an appointment to discuss any of the following points involved in the process of estate planning. These are a list of commonly asked questions covered during an initial consultation about estate planning:

  • Should I create a Will or a Revocable Living Trust?
  • What does a Revocable Living Trust do?
  • Is a Revocable Living Trust better than a Will?
  • How much do you charge to establish a Will or Revocable Living Trust?
  • How long does it take to establish a Will or Revocable Living Trust?
  • Can I make changes to my Will or Revocable Living Trust over my lifetime?
  • How do I plan things so that upon my death, my wife/husband and our kids receive my money and property?
  • I have been divorced and remarried, are there any special provisions I need to include in my Will or Trust?
  • I do not have much, do I still need to create a Will or Revocable Living Trust?
  • What happens to our minor kids in case my wife/husband and I die simultaneously?
  • I have property in different states, how do I plan for that?
  • I want to plan for my children’s well-being after my death, what options do I have?
  • What happens to my debts when I die?
  • What provisions should I include in my Will or Revocable Living Trust.

Knock out an estate planning review in the next three months and rest easily for the rest of 2016 knowing that you have then cared for your loved ones with proper planning.  Ryan-Cruz Law, APC offers free 1-hour consultations concerning estate planning. Let us help you accomplish this task.

Making a Charitable Donation This End of Year? Brush Up on this Matter to Make it Deductible

Towards the end of every calendar year the IRS publishes its tips for year-end gifts to charity. If you made a charitable contribution this year or will be making one this end of year, brush up on these rules and tips.

WASHINGTON ― The Internal Revenue Service today reminded individuals and businesses making year-end gifts to charity that several important tax law provisions have taken effect in recent years. Some of the changes taxpayers should keep in mind include:

Rules for Charitable Contributions of Clothing and Household Items

Household items include furniture, furnishings, electronics, appliances and linens. Clothing and household items donated to charity generally must be in good used condition or better to be tax-deductible. A clothing or household item for which a taxpayer claims a deduction of over $500 does not have to meet this standard if the taxpayer includes a qualified appraisal of the item with the return.

Donors must get a written acknowledgement from the charity for all gifts worth $250 or more. It must include, among other things, a description of the items contributed.

Guidelines for Monetary Donations

A taxpayer must have a bank record or a written statement from the charity in order to deduct any donation of money, regardless of amount. The record must show the name of the charity and the date and amount of the contribution. Bank records include canceled checks, and bank, credit union and credit card statements. Bank or credit union statements should show the name of the charity, the date, and the amount paid. Credit card statements should show the name of the charity, the date, and the transaction posting date.

Donations of money include those made in cash or by check, electronic funds transfer, credit card and payroll deduction. For payroll deductions, the taxpayer should retain a pay stub, a Form W-2 wage statement or other document furnished by the employer showing the total amount withheld for charity, along with the pledge card showing the name of the charity.

These requirements for the deduction of monetary donations do not change the long-standing requirement that a taxpayer obtain an acknowledgment from a charity for each deductible donation (either money or property) of $250 or more. However, one statement containing all of the required information may meet both requirements.

Reminders

The IRS offers the following additional reminders to help taxpayers plan their holiday and year-end gifts to charity:

  • Qualified charities. Check that the charity is eligible. Only donations to eligible organizations are tax-deductible. Select Check, a searchable online tool available on IRS.gov, lists most organizations that are eligible to receive deductible contributions. In addition, churches, synagogues, temples, mosques and government agencies are eligible to receive deductible donations. That is true even if they are not listed in the tool’s database.
  • Year-end gifts. Contributions are deductible in the year made. Thus, donations charged to a credit card before the end of 2014 count for 2014, even if the credit card bill isn’t paid until 2015. Also, checks count for 2014 as long as they are mailed in 2014.
  • Itemize deductions. For individuals, only taxpayers who itemize their deductions on Form 1040 Schedule A can claim deductions for charitable contributions. This deduction is not available to individuals who choose the standard deduction. This includes anyone who files a short form (Form 1040A or 1040EZ). A taxpayer will have a tax savings only if the total itemized deductions (mortgage interest, charitable contributions, state and local taxes, etc.) exceed the standard deduction. Use the 2014 Form 1040 Schedule A to determine whether itemizing is better than claiming the standard deduction.
  • Record donations. For all donations of property, including clothing and household items, get from the charity, if possible, a receipt that includes the name of the charity, date of the contribution, and a reasonably-detailed description of the donated property. If a donation is left at a charity’s unattended drop site, keep a written record of the donation that includes this information, as well as the fair market value of the property at the time of the donation and the method used to determine that value. Additional rules apply for a contribution of $250 or more.
  • Special Rules. The deduction for a car, boat or airplane donated to charity is usually limited to the gross proceeds from its sale. This rule applies if the claimed value is more than $500. Form 1098-C or a similar statement, must be provided to the donor by the organization and attached to the donor’s tax return.

If the amount of a taxpayer’s deduction for all noncash contributions is over $500, a properly-completed Form 8283 must be submitted with the tax return.

IRS.gov has additional information on charitable giving, including:

Source: IRS.gov

See you at “Business Law Day” hosted by the San Diego Public Library

The San Diego Public Library is offering a “Business Law Day” on Tuesday, November 10, 2015 from 2:30pm-6:30pm.  At this special event, attorneys will be present to offer advice to prospective and current business owners in the areas of business law such as patents and intellectual property.

Speak one-on-one with an attorney in a 15-20 minute free consultation session. Attorney Ruth Ryan-Cruz has volunteered her time for this event and plans to offer advice at this event.

If you’re thinking about opening up a business  in San Diego County or perhaps you are in the process of doing so, we welcome you to attend this free event. This invitation is also extended to current business owners regardless of which stage your business is in. This event is open to the general public.

Event Information:
Date: Tuesday, November 10, 2015
Time: 2:30pm-6:30pm
Address: Central Library / Special Events – 9th Floor 330 Park Blvd., San Diego, CA 92101
More information: SDPL & Other events

Share this information with your friends and family. They may need a free 15-20 minute consultation about their business plans.

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Attorney Ruth Ryan-Cruz receives 2015 Avvo’s Clients’ Choice Award!

Last week, attorney Ruth Ryan-Cruz received notice from Avvo.com presenting her with the 2015 Clients’ Choice Award.  Avvo.com, a legal directory website, presents these awards to eligible attorneys with five or more client reviews of 4 stars or above in the past twelve months.

“I am very excited to receive such an honor because it comes directly from my clients,” Ruth Ryan-Cruz said.  “It is very encouraging to receive such an award and only motivates me continue providing great service in my legal practice.”

Ruth Ryan-Cruz maintains an “Excellent” Avvo rating. Check out Ruth Ryan-Cruz’s Avvo reviews and profile online.

Do I Need a Business Lawyer? Review how business attorneys act as legal counselors

I recently spoke with a gentlemen who is thinking about working for himself by opening up a local shop in the Hillcrest or North Park community. He was excited to share that he had just started formulating a plan on how and when to launch a discount shop and the resources required to do so. Little did he know he was talking to a business attorney until we got to talking more about his plan in depth and I mentioned, “I can help you with that.” As we continued the conversation, his face lit up with excitement in learning that he could turn to a business attorney to ask general counseling questions concerning his business.  Now he had a potential resources to turn to when it came time to move forward with his business. At the end of the conversation, he mentioned, “I had no idea a lawyer can help me with that. I usually think of lawyers when lawsuits are involved.”

With that in mind, I thought I’d share how a business attorney often acts as business legal counselor.  As a business attorney, I can help a new business in the following areas:

  • Incorporating a company: If you’re exploring starting up your own business, we can analyze your general circumstances and plans to determine how to best start and manage your business.  Risk, persons involved, financing arrangements along with other factors will determine which business entity is best for you.
  • Negotiating and drafting partnership agreements: If you’re considering opening a business with a family member, friend, or colleague, you’ll be interested in retaining a solid relationship should the business go south or experience hiccups along the way. Partnership agreements are crafted for you and your partners circumstances and sets you up for success from the start.
  • Negotiating a buy-sell agreement or shareholder agreement: If your business includes 2 or more owners, explore a buy-sell agreement. A buy-sell agreement outlines what happens to the business in the event 1 business owner declares bankruptcy, loses their job with the company, undergoes a divorce, dies or retires. Other circumstances are detailed and having one from the start is of great importance.
  • Advising shareholders: Majority shareholders and minority shareholders will each have different rights and interests in how a business operates. Know what your rights as an owner is in your business.
  • Advising executive officers and board members: Often I learn that persons take on business titles and do not know what their obligations are. Business is carried on as usual until a member becomes entangled in a business problem that develops into a legal problem. Avoid this early on by learning your obligations.
  • Facilitating the sale of an interest in a business: If you’re an existing business and you want to bring on a new owner (either shareholder or LLC member) or remove an owner, the business must perform some due diligence and prepare documents before adding/removing the new owner.  Simply buying them out may not do. Corresponding documentation is necessary.
  • Preparing meeting minutes: Shareholders and Board Members are required to keep business meeting minutes. Knowing what to include, who signs and who receives copies is important.  Most importantly, some points and not others are includes in these minutes. Learn what to include.

As a business legal counselor I have had the pleasure and honor to work with several local businesses in the San Diego area and its neighboring communities including Downtown, Mission Valley including locations in Oceanside and San Marcos.  Businesses include product-based and service-based startups, small business and medium-sized organizations. If you’re in need of assistance with resolving problems concerning your business, contact me.  Together we can analyze how to resolve your matters. Telephone and in-office consultations are available.

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Washington Redskins Appeal the Trademark Office’s Decision to Cancel Their Trademark

On June 18, 2014 the U.S. trademark office (specifically, the Trademark Trial and Appeal Board (TTAB)) found the term “Redskins” was disparaging of Native Americans, when used in relation to professional football services.  Consequently, the trademark name would be cancelled unless an appeal was presented.  On August 5, 2015, the Redskins filed an appeal to fight for its name. See the official publication about its finding below. Find a good article exploring reasons why the Washington Redskins continue to fight for its trademark registration, below.

Original United States Patent and Trademark Office Publication: (June 18, 2014)

Trademark Trial and Appeal Board (TTAB) Decision in Blackhorse v. Pro Football, Inc.
(TTAB Cancellation No. 92046185)
Find the full decision and other resources at http://www.uspto.gov/news/DCfootballtrademark.jsp
June 18, 2014
The Blackhorse v. Pro Football, Inc. decision of the Trademark Trial and Appeal Board (TTAB or “Board”) today resolved the joint petition filed at the U.S. Patent and Trademark Office (USPTO) by five Native Americans, who sought cancellation of six federal registrations for trademarks that include the term “Redskins.”
The TTAB — an independent administrative tribunal within the USPTO — has determined, based on the evidence presented by the parties and on applicable law, that the Blackhorse petitioners carried their burden of proof. By a preponderance of the evidence, the petitioners established that the term “Redskins” was disparaging of Native Americans, when used in relation to professional football services, at the times the various registrations involved in the cancellation proceeding were issued. Thus, in accordance with applicable law, the federal registrations for the “Redskins” trademarks involved in this proceeding must be cancelled.
Pro Football. Inc., the respondent and owner of the involved registrations, had asserted as a defense that the petitioners should have been barred from seeking cancellation because the registrations have existed for so
long, and been the subject of significant investment. But the TTAB found the defense inapplicable as to the petitioners in this case. This decision by the TTAB does not necessarily put an end to the larger dispute between the parties , as Pro Football, Inc. may seek review by a federal court of today’s decision. The registrations will remain “on the federal register of marks” and not be listed in the USPTO’s records as “cancelled” until after any judicial review is completed.
What this decision means: if the cancellation of the registrations for the trademarks involved in this case is not appealed or if affirmed following possible review by a federal court, Pro Football, Inc., as record  owner of the involved registrations will lose the legal benefits conferred by federal registration of the marks. These benefits of federal registration include:
  • the legal presumptions of ownership and of a nationwide scope of rights in these trademarks;
  • the ability to use the federal registration ® symbol, and;
  • the ability to record the registrations with the U.S. Customs and Border Patrol Service so as to block the importation of infringing or counterfeit foreign goods.
What this decision does not mean: this decision does not, however, require the Washington D.C. professional football team to change its name or stop using the trademarks at issue in this case.
  • Losing the federal registration of a trademark does not necessarily mean that the owner loses all legal rights in the mark. This is because trademark rights in the United States come from use of a mark on or in conjunction with goods or services, not merely from the additional, optional step of federal registration.
  • The TTAB determines only whether a mark can be registered with the federal government (and thus gain the additional legal benefits thereof), not whether it can be used.
  • The mark owner may still have rights in the mark based on use, known as “common law” rights-and those use-based rights may continue to exist even if a federal registration is cancelled.
What is the Trademark Trial and Appeal Board and what does it do?
  • The TTAB is an independent administrative tribunal within the USPTO. It is authorized to determine a party’s right to register a trademark with the federal government or, if the party already owns a registration, its right to maintain it. The Board is not authorized to determine whether a party has the right to use a trademark, just whether it has the right to register it. (And thus obtain the additional legal benefits thereof, as outlined, above.)
What is a TTAB cancellation proceeding?
  • A cancellation is a TTAB proceeding in which a party seeks to cancel an existing registration of a mark.
  • Under the law, a person (including any legal entity) who believes he will be damaged by the continuing registration of a mark may file a petition with the TTAB to cancel the registration, asserting one or more grounds for cancellation.
  • Most USPTO cancellation proceedings assert grounds for cancellation under Section 2 of the Trademark Act, 15 U.S.C. § 1052, which specifiesa variety of types of terms or marks that Congress has determined to be ineligible for federal registration, including those that are determined, as in this case, to disparage an individual or group.
Can a registration that has been on the register for a long time, like the ones involved in this case, be the subject of a cancellation proceeding? Why?
  • Yes. According to federal trademark law, a long-standing registration can be the subject of a cancellation proceeding at any time, if an appropriate ground for cancellation is asserted.
  • A claim that a registered trademark was disparaging of an individual or group at the time it was originally registered is one such example of a claim that can be appropriately brought at any time, regardless of the age of the registration.
What are the options for appealing this TTAB decision?
  • A party dissatisfied with the Board’s decision has two options to seek further judicial review of it.
    • The party can file an appeal to the U.S. Court of Appeals for the Federal Circuit in Washington, D.C.; or
    • The party can file a civil action in district court.
      • Any civil action would be filed in the U.S. District Court for the Eastern District of Virginia, which has jurisdiction over civil actions seeking review of TTAB cancellation proceedings. (Before 2011, the district court in the District of Columbia had jurisdiction over such actions, but Congress changed that provision of the Trademark statute when making various amendments to the Patent statute.)

Article About Appeals (September 9, 2015):

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Can I Protect My Fashion Designs?

If you’re in the clothing industry, read about the latest court decisions in the popular topic of protecting a fashion design. View the following article for a glimpse into the area of law involving fashion and copyright:

“In the world of copyright, the challenge in determining whether an article of clothing deserves legal protection against infringement lies in the distinction between the particular design of the garment, and the purpose of the garment itself, if one can be found” …  Read more

Matters to Explore Before Signing A Shareholder Buy-Out Agreement

Issues Arising After a Shareholder-Employee Departure
 If you’re an employee in a company, you may be terminated as an employee where you’re an “at-will” employee or for other reasons when you’re in a contract. However, if you’re an employee and a shareholder of an organization, know that you cannot be terminated as a shareholder. Often in a business cycle, shareholders may reach a point where the shareholders can no longer work together. So what happens to the departing shareholder? Quite a bit. If you’re a shareholder and employee, become familiar with your shareholder agreements or buy-sell agreements in place. These documents may instruct what happens in the event a shareholder departs from the organization.  A departing shareholder-employee situation may become a bigger issue when there is no document addressing this need.
Various topics can become complicated
 This entry explores only a few items that must be explored and can become complicated after shareholder-employees separate.
  1. Employment contract – in addition to shareholder agreements and corporate documents in order, review your employment agreement to determine what your future holds with respect to benefits and/or restrictions.
  2. Unfair Competition and Trade Secrets – Unfair competition arises when a former business relationship uses deceit or insider information to gain a business advantage.
  3. Noncompete Clause – A noncompete clause may prohibit an employee from working in the same field or from working for a competitor. Various California regulations may deem these types of clauses as unenforceable.

If you find yourself in the position where you can no longer work with other shareholders in your organization, reach out to an attorney for a consultation as early as possible. Before signing a shareholder buy-out or shareholder withdrawal agreement or similar document, learn about your options that are particular to your circumstances. Published online recommendations are general in nature, therefore, know that your situation and the factors surrounding your situation.

Before signing a Shareholder Buy-Out Agreement

It is important to meet with an attorney to explore your matters. The difference between meeting with an attorney and not could mean hundreds of thousand of dollars in liabilities in the future.

News Release: Law firm Ryan-Cruz Law, APC opens in San Diego, CA. Ryan-Cruz Law, APC practices in the areas of business law, real estate, estate planning and IP.

San Diego native and attorney Ruth Ryan-Cruz, Esq. established and launched Ryan-Cruz Law, APC with its principal office in Mission Valley, California (3111 Camino Del Rio North, Suite 400). Ruth Ryan-Cruz attended San Diego State University and CSU San Marcos for undergraduate education. She attended California Western School of Law for graduate education and now serves on the CWSL Alumni Board of Directors executive board.

Ryan-Cruz Law, APC’s mission: To provide quality legal services and make a measurable difference in the lives of the community members served. The firm was founded in June, 2015 by Ruth Ryan-Cruz, Esq., formerly an associate attorney at a boutique law firm in downtown San Diego with deep experience in various transactional and litigation matters. With experience in legal transactions, negotiations and successful dispute resolution, Ryan-Cruz Law aims to vigorously represent, prosecute on behalf of, and defend its clients. A favorite firm quote reads, “All people are equal before the law. A good attorney is what makes a difference.” With this in mind, the firm aims to practice this concept by providing legal services as a true attorney and counselor at law. In representing a client’s interests, Ryan-Cruz Law, APC intends to keep the client’s priorities and needs at the forefront. With ongoing communication, well-researched points, creative legal strategies, custom-tailored solutions and touches of human element, representation at Ryan-Cruz Law, APC focuses first and foremost on clients as people.

Client review excerpt: “Excellent, friendly, and helpful!! Ruth was fantastic to work with, very knowledgeable about my inquiries, and was on the ball with keeping me in the loop. Couldn’t have asked for more, she’s really the best!!” By Barrie K. (Business and Intellectual Property).

“This multi-service law firm is committed to meeting the needs of its clients by providing a tailored approach for each individual. With basic principles such as empathy, attention and respect, the firm carries on practical, efficient and solutions-oriented representation tailored to the client,” remarks Ruth Ryan-Cruz, Esq., founder of Ryan-Cruz Law, APC.

Ryan-Cruz Law also acts as outside general counsel to several businesses and corporations in the San Diego community with local, national and international business dealings. Ryan-Cruz Law is sought out by clients because of its legal acumen and strong business sense. As a result, they have become trusted members of their clients’ business teams and families.

Attorney Ruth Ryan-Cruz has been nominated and honored by various organizations including an “Excellent” rating from Avvo, San Diego Magazine and KBNT Univision San Diego’s “Latino’s Making a Difference” and San Diego Daily Transcript’s “Young Attorneys.” Her articles have been published in publications including WealthCounsel, the San Diego County Bar Association’s San Diego Lawyer magazine, and San Diego Attorney Journal.

Ryan-Cruz Law, APC is a law firm in San Diego, California. Ryan-Cruz Law practices in the areas of business law, real estate, estate planning and intellectual property. For more information visit Ryan-Cruz Law’s website at https://www.ryancruzlaw.com. To learn more about attorney Ruth Ryan-Cruz, visit her profile at https://www.ryancruzlaw.com/attorney-ruth-ryan-cruz/

Request a free consultation:
Ruth Ryan-Cruz, Esq.
RYAN-CRUZ LAW, APC
3111 Camino Del Rio North, Suite 400
San Diego, CA 92108
(619) 528-2202
ruth@ryancruzlaw.com
https://www.ryancruzlaw.com

Follow and interact with the firm:
Facebook: https://www.facebook.com/RyanCruzLaw
Twitter: https://twitter.com/RuthRyanCruz/
LinkedIn: https://www.linkedin.com/company/ryan-cruz-law-apc
Justia: https://lawyers.justia.com/lawyer/ruth-ryan-cruz-1494032
Avvo: http://www.avvo.com/attorneys/92108-ca-ruth-ryancruz-4139699.html

Source: PRWeb

Do you use email in your business? The CAN-SPAM Act establishes requirements for commercial messages. Applicable penalties of $16K

Do you use email in your business? The CAN-SPAM Act, a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have you stop emailing them, and spells out tough penalties for violations.  Read up about complying with the CAN-SPAM Act. The policies may appear simple, but violations happen frequently.

Despite its name, the CAN-SPAM Act doesn’t apply just to bulk email. It covers all commercial messages, which the law defines as “any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service,” including email that promotes content on commercial websites. The law makes no exception for business-to-business email. That means all email – for example, a message to former customers announcing a new product line – must comply with the law.

Each separate email in violation of the CAN-SPAM Act is subject to penalties of up to $16,000, so non-compliance can be costly. But following the law isn’t complicated. Here’s a rundown of CAN-SPAM’s main requirements:

  1. Don’t use false or misleading header information. Your “From,” “To,” “Reply-To,” and routing information – including the originating domain name and email address – must be accurate and identify the person or business who initiated the message.
  2. Don’t use deceptive subject lines. The subject line must accurately reflect the content of the message.
  3. Identify the message as an ad. The law gives you a lot of leeway in how to do this, but you must disclose clearly and conspicuously that your message is an advertisement.
  4. Tell recipients where you’re located. Your message must include your valid physical postal address. This can be your current street address, a post office box you’ve registered with the U.S. Postal Service, or a private mailbox you’ve registered with a commercial mail receiving agency established under Postal Service regulations.
  5. Tell recipients how to opt out of receiving future email from you. Your message must include a clear and conspicuous explanation of how the recipient can opt out of getting email from you in the future. Craft the notice in a way that’s easy for an ordinary person to recognize, read, and understand. Creative use of type size, color, and location can improve clarity. Give a return email address or another easy Internet-based way to allow people to communicate their choice to you. You may create a menu to allow a recipient to opt out of certain types of messages, but you must include the option to stop all commercial messages from you. Make sure your spam filter doesn’t block these opt-out requests.
  6. Honor opt-out requests promptly. Any opt-out mechanism you offer must be able to process opt-out requests for at least 30 days after you send your message. You must honor a recipient’s opt-out request within 10 business days. You can’t charge a fee, require the recipient to give you any personally identifying information beyond an email address, or make the recipient take any step other than sending a reply email or visiting a single page on an Internet website as a condition for honoring an opt-out request. Once people have told you they don’t want to receive more messages from you, you can’t sell or transfer their email addresses, even in the form of a mailing list. The only exception is that you may transfer the addresses to a company you’ve hired to help you comply with the CAN-SPAM Act.
  7. Monitor what others are doing on your behalf. The law makes clear that even if you hire another company to handle your email marketing, you can’t contract away your legal responsibility to comply with the law. Both the company whose product is promoted in the message and the company that actually sends the message may be held legally responsible.

See more information about online advertising and marketing via the Federal Trade Commission site.

Download information about this topic via PDF.