Spam is unsolicited bulk email. Unsolicited means the recipient did not agree (either explicitly or implicitly) to receive the email. Not all bulk or commercial email is spam.
The CAN-SPAM Act went into effect in the US on 1/1/04. Among other things, this law requires senders of unsolicited bulk email to include a valid physical postal address and unsubscribe instructions in their email. Once a person opts-out, you have 10 business days to stop sending email to the opt-out requestor’s email address. Additionally, commercial email must be identified as an advertisement. Each violation is subject to fines up to $11,000.
Go to the FTC Spam site to get more information on what is and is not spam and how to report spam.

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