Posts by Category

  • posted by Roy
  • in Blog
  • with No Comments

Tax Credits for Water Heaters

Water heaters are the second highest source of energy usage in the home. When it comes to choose your water heater, a tankless water heater that not only provides enough hot water but also that will save a lot on your energy bills every month. While a tankless hot water heater offers many advantages including government tax credits. The government understand every American home needs a lot of hot water so it offers an energy tax credit are independently certified to save energy.

Back in 2013, President Obama signed the American Energy Manufacturing Technical Corrections Act that provides tax benefits to people who made some energy efficient improvements to their home.

The tax credit included:
10% of expenditures for people those who installed a tankless gas heater with an Energy Factor of no lower than 0.82. More details below:

Tax Credits water heater

More on those requirements can be found on the Energy Star Energy Tax Credit site.

Typically, natural gas water heaters are more cost-effective to operate, last longer and require less maintenance. And the best tankless water heaters with positive reviews from customers can cut water heating expenses by up to 30 percent.

Rebates exist not only for new homes, but also for replacement jobs during remodeling old house. Another important thing you need to notice is that the type of installation for your tankless water heater may have influence on the rebate amount as well. Therefore, don’t rely on contractors who may not know the details on the credit.

Important: as of January 1, 2015, these tax credits/rebates are no longer valid even if the tax credit is carried forward.

According to the U.S. Department of Energy, you have the ability to claim the Residential Energy Efficiency Property Credit for solar and other ENERGY STAR appliances in your house.

Please note that a number of local government and utility rebates available across the country between January 1, 2011 and December 31, 2016.

Check with your tax advisor to see if you are able to claim a credit on your upcoming federal tax returns using Form 5695.

  • posted by Roy
  • in Blog
  • with No Comments

Your Legal Rights for Acne

America is an incredibly litigious society. You have the right to sue anyone for good or bad reasons. I think many people use the law of attraction to clear up acne because a new study find that there are plenty of negative beliefs about people who are suffering from acne, pimples, zits, whatever you call them. In the study, more than 62% people tended to be upset by photos and other 48% people said they would be uncomfortable talking with a person with pimples. Additionally, knowing your tights in the doctor’s office can protect your legal rights when you feel you’re being violated.

People are making incorrect assumptions about acne, which has influences on their opinion of people with acne. It took many years for me to manifest completely clear skin, if you ever being depressed, angry that nothing can get rid of these small lesions or inflammations on the skin, the believe me, I know how you feel. Understanding how powerful your legal rights is can be very beneficial to other areas of your life.

Your Privacy
More than 17 million people suffer from some form of acne, and many people, especially women spend a great effort to remove acne. They may tried a wide range of pimples treatments, both natural home remedies and advanced acne technologies (like laser resurfacing) on the market, even some of them are very skillful in their use of cosmetics to cover acne, and the last thing they ask their dermatologists to keep their privacy. But, some doctors use their Before and After photos in their practice brochures or online to attract more patients.

Of course, you are protected by laws and your doctor is not allowed to expose the details by law in the United States. You have the rights to protect your privacy when you encounter this situation.

Social Media and Relationships

Many doctors even share your acne treatments or disclose your photos in the social media such as Facebook and Twitter. By Federal privacy laws, your dermatologist’s ability is limited strictly. Because your doctor may reveal your acne treatments by an careless comment to your Facebook friends, you should connect your doctor through his/her public page instead of a Facebook friend connection.

Insurance Companies

The advanced acne treatments, include laser acne treatments, surgical treatment and medical treatments are very expensive and there is no public program that pays for them. For people who have a very high-end private health insurance that can be applied for paying for your skin treatments out of your own pocket.

It’s common that your doctor can get initial approval from your insurance company. In most cases, your insurer will pay for the cost of first few treatments. After that, they rescind the authorization and you have to pay for the expensive acne scar treatment yourself. The fact is depends on the causes of your pimples. For pimples are triggered by acne conglobate, your insurance companies will pay, but they always don’t pay for scars caused by acne keloidalis nuchae.

  • posted by Roy
  • in Blog
  • with No Comments

How to Prevent Having to File a Negligence Claim against a Saw Manufacturer

When it comes to both manufacturers of items such as woodworking machines as well as the consumers that use them, the ideal relationship should be that of buyer and seller and nothing else, with perhaps a repair or two that needs to be completed. However, there are times when, due to the legal doctrine of strict product liability, that litigation becomes necessary to sort out injuries that may have occurred at the hands of a negligent manufacturer or because of a defective product. Nobody wants this to become necessary. These suits cause injury to the individual, cost money to the manufacturer, and clog up the court system with suits that should never have to occur in the first place.

So, with that said, how do we prevent these suits from having to occur? Well, first, we have to start with the manufacturer. Every manufacturer of an item that is being sold on the free market should provide a basic level of quality assurance to avoid lawsuits for defective products. However, manufacturers of dangerous products, such as best miter saws and other power tools, must be extremely prudent in their inspection of lots of items that are going to the store shelves. A thorough quality assurance department that pays close attention to detail will save a manufacturer millions of dollars in the long-run.

Next up is the consumer. Many people think that there is a class of citizen that will intentionally risk injury to his/her body in order to win a defective product lawsuit. While this is partly true, the number of citizens that falls into this class is a very meager amount, and recent legislation aimed to cap the huge awards in these suits should prevent more of these frivolous suits from ever being settled. Now, the scrupulous consumer who injures his/her body due to a mistake made by the manufacturer should always make an attempt at receiving monetary reimbursement from the causative agent, i.e., the manufacturer of a defective product that caused the injury. However, in order to prevent these suits from even happening in the first place, the consumer should always pay close attention to the tool while it is in use. He/she should also always operate the tool with the appropriate safety guard in place. Finally, he/she should always be acutely aware they he/she is working with a very dangerous product that has the potential to cause great bodily harm. A consumer who is aware of this is less likely to become victim to injury due to a defective product, and may be better equipped to move out of the way if something were to occur.

Using simply measures such as those described above, both the manufacturer and the consumer have a very important role to play in the prevention of these injuries. Of course, it always starts with the manufacturer and their commitment to quality; but it ends with a well-educated, well-aware operator who realizes the danger of working with power saws. Taking simple steps can save the courts the work of deciding claims which should have never occurred in the first place, which saves companies millions of dollars, and in turn, saves the consumer from injury causing possible loss of life or limb. These safety measures are a win-win-win for everyone involved!

  • posted by Roy
  • in Blog
  • with No Comments

Varicose Veins Insurance

Most varicose veins patient are reluctant to see a doctor because they thought varicose veins are cosmetic problems, so their health insurance plan wouldn’t pay for treatment. It is true that most health insurance wouldn’t pay for treatment of spider veins, but they will authorize treatment of varicose veins if we can demonstrate medical necessity. If you have bulging veins on your legs or thighs that can alter your total well being, which really requires treatment then it will meet the criteria for health insurance plan.

As a matter of fact, varicose veins should be dealt seriously when it can alter the whole being of a person. Although, some physician find it as a cosmetic issue this will only lead the patient to discouragement to seek treatment. When various symptoms like bulging vein, pigmentation, and discomfort can be treated as medical necessity. Additionally, when a physician tells you something is considered cosmetic what they really means is that it may require out of pocket expenses though it is covered by insurance plan. They are just making you aware of the possibility of additional expenses on top of the covered plan.

An ultrasound of the veins can be done to demonstrate medical necessity and to plan treatment. All insurance plans require a venous ultrasound before they will approve treatment of varicose vein ( Usually, most varicose vein patients that prefer for EVLT or Laser treatment will mostly covered by their insurance company. Due to the fact that it is invasive in nature most insurance company will consider it as serious treatment. Usually, the amount covered by your insurance provider depends on their terms and policy. Typically, the vein specialist will answer your questions on insurance plans for vein disease and will write endorsement for your insurance company prior to treatment so that they can be approved.

Check your insurance company to determine which treatment options will maximize on your insurance provider. Here are some Insurance companies and clinics who are link in most major vein insurance plan.

CIGNA is an American worldwide health services organization. Its insurance subsidiaries are major providers of medical, dental, life and accident insurance to individuals, families, and businesses.

Vein Clinics of America: One of the largest group in America specializing exclusively in vein disease treatment. They are highly recognized of their published research and many works as lecturers and trainers in the field of vein treatment around the world. During your first visit of Veins Clinics of America, you will meet one of the Vein specialist for a consultation appointment. Additionally, at your appointment, you will be examined, and discussed your diagnosis and treatment options, and review your insurance benefits.

Medicare is a national insurance program administered by the U.S. Federal government since 1966. They mostly provides health insurance for Americans aged 65 and older who have worked and paid into the system. To check your eligibility you may visit their site.

AngioDynamics uses the latest VencCure EVLT procedure laser treatment for varicose veins. Most Insurance companies like Medicare provide coverage for VenaCure EVLT though it is subject to their terms of Coverage Policy.

  • posted by Roy
  • in Blog
  • with No Comments

Has Google Breached Wiretapping Laws?

U.S. District Judge Lucy Koh found that Google’s terms of service do not allow them to scan email’s as part of its business model to create user profiles and cater advertisements to users. The decision arose in response to a proposed class action lawsuit. The plaintiffs argued that Google “intercepts” emails, scanning them to deliver appropriate ads for the user which is a violation of the wiretapping provisions under the Electronic Communication Privacy Act.

A Washington Post article by Timothy B. Lee finds the ruling unfair, and believes it may ultimately place unnecessary legal liability on online businesses.

When Congress enacted the ECPA they excluded activities that part of service providers “ordinary course of business” from the definition of wiretapping. Google has argued that its advertising system is part of this normal course.

Judge Koh ruled that only activities “instrumental to Google’s ability to transmit emails” are excluded from the definition of wiretapping. Scanning emails for spam, optimizing emails for search and organizing them into categories are extra features which are not considered “instrumental.” Furthermore, Google was scanning emails sent to Gmail accounts from non-Gmail users, and this interception struck a chord with Judge Koh. Google contends that all parties consent to their email being scanned when an email communication occurs.

Jon Simpson, the privacy director for Consumer Watchdog of Santa Monica, California hailed the decision, stating “the ruling means federal and state wiretap laws apply to the internet. It’s a tremendous victory for online privacy. Companies like Google can’t simply do whatever they want with our data and emails.”

Google is looking for an appeal, and maintains the argument that users have already consented to their emails being intercepted when they agree to the end-user agreement. Koh does not believe the agreement clearly spell out what users are agreeing to. The judge states that the part of the agreement which reads “advertisements may be targeted to the content of information stored on the services, does not imply Google will be scanning emails, just that they have the capacity to do so. Secondly, she states that wiretapping law “protects communications in transit, as distinguished from communications that are stored.”Timothy B. Lee exclaims the ruling is a “conceptual mess.” Koh makes an incoherent distinction between emails in transit and in storage. All emails in transit have to be stored on Google’s servers for the delivery to be made. “It would have been much better for her to avoid this entire quagmire by simply ruling that an e-mail provider scanning its customers’ messages, for spam filtering, search indexing, ad targeting or any other purpose, isn’t wiretapping.”The lawsuit will likely move forward, when Koh grants permission for the interlocutory appeal. It is likely that the appeal will be granted rather than going to trial first because of the significance of the legal issue in question.

  • posted by Roy
  • in Blog
  • with No Comments

A Brief Analysis of Personal Injury Legislation Procedure in the United States

In the United States, car accident legislation falls under the same category of laws that product liability falls under; the law of torts. That is because tort law is concerned specifically with damages incurred due to some individual’s or some company’s negligence. Now, when we think of negligence, we think that it means that there is some sort of neglect that has occurred, and this is entirely true. For instance, let’s assume that one person what pulled over into the emergency lane changing his tire with his best floor jack, and a second driver who is texting on his phone strikes the car or the driver, causing great bodily injury to the person who was pulled over on the side of the road. The person driving his car negligently injured the person changing his tire with his jack on the side of the road by neglecting to heed to safety requirements of the road by texting and driving. Now, let’s assume that the same person decided to use his jack in the dead center of the road to change his tire instead of pulling over into the designated emergency lane. If someone were to hit him dead on, and then other cars were to crash because of this, the guy who was changing his tire in the middle of the road would actually be the negligent one, for the same reason of not heeding to safety laws by not pulling over into the emergency lane, instead deciding to change his tire dead in the center of the driving path of other cars.

Now, these are rather outlandish scenarios, but they are given in order to show a broad overview of why auto accident laws belong to the tort area of law; the negligence area; instead of just to simple civil law. This is because when a person is directly injured because of the negligence of another party, there are strict guidelines in place as to how the injured party can collect damages caused by this negligence. Because car accidents occur out of the negligence of another person, these are no different that the person who purchases a faulty sound system with a speaker that exploded and causes a fire. This form of tort law is known as product liability, but the foundations are the same. Now, legislators in many US states have enacted “no fault” liability laws related to car insurance, where instead of going after the other party, the injured person is paid from his/her own insurance policy. This is because of many accidents occurring in which the person at fault did not carry appropriate car insurance, and thus, the injured party could not be compensated for his/her loss. Because of this, lawmakers made it a point to enact these new laws, and the results have been outstandingly beneficial to those who are involved in accidents.

Keeping this in mind, this is just a very broad explanation of how the United States handles accident laws. In order to explain in detail, it would take much, much more space, and even then, the laws are so complex, it’s not even certain that the extra space would give a thorough understanding. So, with that said, the most important thing to remember is that these laws fall under negligence laws in the United States, also known as “tort” laws, which revolve around negligence.

  • posted by Roy
  • in Blog
  • with No Comments

Google Glass Banned in Most UK Cinemas

Did we not see this coming? Of course we did. It only makes sense that as Glass surfs a wave of controversy only the Ganges River could spew out it would ultimately be banned from cinemas. The United Kingdom is just the first to enact a Google Glass witch hunt, and you can guarantee more cinema associations will follow.

The cinema trade group responsible for the ban is the Cinema Exhibitor’s Association, which claims to own about 90% of UK cinemas.  It’s unlikely anybody at the Cinema Exhibitor’s Association has actually used Glass but reading about it must be enough to confirm their worst fears. Roving brigands of internet pirates will utilize the disruptive technology to record and disseminate movies. Phil Clap, chief executive of the Cinema Exhibitor’s Association, admitted that he had “not personally used Glass” but is well “aware of how it works and of its capabilities, as are others in the industry.” I play with technology all day. I haven’t used Glass yet and I have no idea how it works.

Well considering Phil Clap is an expert he must realize that Glass struggles to film in dark environments; the device emits a light while capturing video so it will barely pick up any images in a darkened theater. Glass also takes 10 second videos by default. It’s battery life isn’t even strong enough to record an entire movie; it would probably only record about 30 minutes of the movie before needing to be plugged in. Even if Glass had the right camera and a battery so big it looked like a tumor, I’m struggling to picture the person desperate enough to watch a bootleg movie filmed with Google Glass. I can’t find any statistics or relevant information, but my intuition says almost nobody but the most anxious of movie-goers is going to tolerate theater-filmed, grainy, quality movies in an age where even Bennigans has twenty HD televisions so you don’t have to talk to your family.

Google had this to say: “We recommend any cinemas concerned about Glass to treat the device as they treat similar devices like mobile phones: simply ask wearers to turn it off before the film starts… broadly speaking, we also think it’s best to have direct and first-hand experience with Glass before creating policies around it. The fact that Glass is worn above the eyes and the screen lights up whenever it’s activated makes it a fairly lousy device for recording things secretly.” A more reasonable press release would have read something along the lines of  “Movie Theaters Will Kindly Ask Patrons to Turn Off Google Glass Before Movie Begins.” Phil Clap and his fellow Knights of the Cinema Table should at least try to understand the technology before making any judgements about Glass. It’s unfortunate that people can be blind sighted by gut-emotional responses. In five to twenty years I am sure we will see a polite “Please Remove Any Wearable Technology” right before Batman starring Michael Cera starts to play, but until then Glass[holes] beware!If Glass has me excited for anything, it isn’t for the product itself. How will institutions, like the Cinema Exhibitors Association, react when bionic eye implants are introduced, or contact lenses computing that can record in 4k resolution is commonplace? The future is full of such baffling and beautiful technologies I have no idea how a society is expected to adapt. Nothing fascinates me more. What a wonderful world.

  • posted by Roy
  • in Blog
  • with No Comments

What is Internet Advertising And Marketing

In wide terminology Internet or Web Advertising and marketing identifies marketing of trade or organization via the Net. It’s the means by which usually merchandise or solutions are advertised and also offered via the Web. Web advertising and marketing, also often called Internet advertising and marketing, on the internet-marketing and advertising as well as even “i” or “e” -Advertising utilizes the Net to provide all sorts of mass media to your worldwide as well as even neighborhood marketplace. The comparatively reduced price to spread information and facts to some international viewers tends to make it incredibly authentic when compared with advertising and marketing of the print media.

The enjoyable nature of the World wide web has compelled the progression of its advertising and marketing methods to incorporate professional expertise to cope with the immediate reply as well as eliciting replies now provide with this particular incomparable method. A system have to be integrated in your Net advertising system to support this immediate reply.

Web marketing and advertising ties collectively the specialized and also inventive elements of the World wide web like style, marketing, advertising, at the exact same time as product sales. Right here are 3 major targets to assist determine World wide web Marketing and advertising:

1. Provide a company’s information or existence inside a market place. Marketing and branding its traditions, goal and also worth also as teaching or describing its items or support by way of the laptop display screen

2. Gather information analysis not restricted by demographics, person personal preferences or recent needs of each current consumers and also (various organizations, lessons, stereotypes, and so on.) as prospective new buyers.

3. The real promoting, assortment of costs, monitoring of circulation as well as comply with up of items, solutions, or marketing room more than the Net.The strategies that a single gets to out by way of the World wide web to the potential buyer is by signifies of distinct approaches. The more well-known Advertising and marketing Methods used by Net Entrepreneurs are Interpersonal, Content material as well as Compensated advertising and marketing techniques. Every has their very own characteristics too as restrictions or quick-comings.

There’re a number of Company Product terminology related with World wide web Advertising.

I acknowledge it could look mind-boggling at instances, however in fact the method could be fairly straightforward if you concentrate on just one particular technique. There’re limitless training programs, World wide web equipment, sites as well as applications to assist you be more powerful as well as effective in every group or method you pick.

If you are interested in web marketing and other topics then keep visiting this blog as in future I am going to post articles that will help you at great deal.

  • posted by Roy
  • in Blog
  • with No Comments

Conference on Cross Border Data Flows, Data Protection, and Privacy

The U.S. Department of Commerce hosted a conference entitled “Conference on Cross Border Data Flows, Data Protection, and Privacy” in Washington, DC on October 15 and 16. The conference, sponsored by the U.S. Department of Commerce and the Article 29 Working Party in Europe, held at the conference center of the Federal Trade Commission, was designed to continue the international discussion on the E.U. Safe Harbor Framework, data protection, and the importance of cross border data flows to international trade.

The European Commission and member states are considering revisions to the data protection directive and ePrivacy directive that would affect cross border data flows. Panelist discussions included an overview of the E.U. Safe Harbor Framework, discussion by multi-national corporate industry members on data privacy practices in the global economy and alternatives to the Safe Harbor–Binding Corporate Rules and Contractual Clauses. Several issues arose in the various cross-cultural and cross-border discussions, including:

  • The challenges posed by the unidirectional nature of model contractual clauses as a means to protect transborder flows of data, when the flows are actually multidirectional, as is the case for most multinational corporations that outsource and move data throughout the whole world;
  • The huge costs associated with compliance when a large multinational corporation must execute hundreds, if not thousands, of individual contracts, and the need to rethink the balance between privacy protection and business efficiency;
  • Whether the notice and opt-out provisions that have become standard click-through paths to obtaining consumer consent to use personal data do, in fact, obtain any form of meaningful consent at all. Some commentators suggested that this methodology undermines the entire point of detailed privacy protection laws because consumers really do not pay attention to the hundreds of “I agree” boxes, or unchecked “opt-out” boxes that they click through each year – despite the fact that ignoring them provides the collecting entity wide latitude to use, disseminate, and collect personal data; and
  • Whether binding corporate rules will ever gain the support of EU member states sufficient to provide a predictable and efficient alternative to the current means of legitimate data transfers from the EU. This topic remains open for discussion, but several multinational corporate contributors suggested that they are preparing to move forward by developing binding corporate rules, and plan to submit them to the EU member states in the next two years.
    • Joe Cutler and Rachel Howell attended the conference. Look for Joe’s forthcoming blog entry on binding corporate rules.

  • posted by Roy
  • in Blog
  • with No Comments

FTC Issues Final Rule Interpreting CAN-SPAM

The Federal Trade Commission announced the release of a new Final Rule regarding the “Definitions and Implementation Under the CAN-SPAM Act” on May 12, 2008, which revises the Code of Federal Regulations implementing rules regarding CAN-SPAM, Part 316. While the Final Rule largely follows the positions of the Commission in its Notice of Proposed Rulemaking, the Commission adopted a few new interpretations of defined terms, and offered some insight regarding CAN-SPAM implementation.

Expanded Definition of Person
The Final Rule defines “person” to mean “an individual, group unincorporated association, limited or general partnership, corporation or other business entity.” This definition clarifies that CAN-SPAM obligations extend to more than just natural persons. The Commission clarified that CAN-SPAM applies to non-profit organizations that send e-mails whose primary purposes are to advertise or promote commercial products or services, even where the non-profit organization’s activities are not overtly “commercial” in nature.

Modified Definition of “Sender”
Where a single e-mail message contains advertisements for the products, services, or Web sites of multiple entities, the Final Rule allows multiple marketers to designate as a single “sender” for purposes of compliance with CAN-SPAM. Under this scheme, only the designated sender is responsible for ensuring compliance with CAN-SPAM provided that: (1) the designated sender is the “sole” sender identified in the “from” line of the e-mail, (2) the e-mail offers the designated sender’s own products/services as part of the e-mail, and (3) that the e-mail itself complies with the “initiator” requirements of CAN-SPAM (no false headers, misleading transmission information, or deceptive subject lines; valid postal address; working opt-out link; and proper identification of the messages commercial or sexually-explicit nature). If any of these conditions is not met, then all marketers in the message will be liable as “senders” (not just as “initiators”) under CAN-SPAM. Note that if the designated sender receives a list of proposed e-mail addresses from a non-designated sender, the designated sender must scrub that list against its own opt-out list before sending the message.

Sellers and Affiliate Marketers Potentially Liable for E-Mails of their Affiliates
The Final Rule breaks new ground in its treatment of affiliate marketing schemes. Based on the concept of “procurement” or “inducement” of the sending of commercial e-mails, which trigger liability under CAN-SPAM, the Commission stated that “by agreeing in advance to pay an affiliate for sales to persons who come to a marketer’s Web site as a result of an affiliate’s referral, a seller or marketer creates an inducement for the affiliate to originate or transmit commercial e-mail messages to the public.” Thus, according to the Final Rule, the seller is a “sender” that induces the affiliate to initiate messages on its behalf, which means that sellers could be held liable for the CAN-SPAM violations of their affiliate marketers to whom they pay consideration for referral Web traffic. In fact, unless the affiliate is offering its own products and services, it will only be an “initiator” of the commercial e-mails, while the seller will be held to the full responsibilities as a “sender” under CAN-SPAM.

It is not clear from the Final Rule how the Commission would view multi-tiered affiliate marketing schemes. For example, it is not clear whether a seller who pays an affiliate marketing company to promote its products would be responsible for violations of CAN-SPAM by a sub-affiliate of the affiliate marketing company.

Definition of “Valid Physical Postal Address”
The Final Rule clarifies that a sender may comply with section 7704(a)(5)(A)(iii) of the Act, which requires inclusion of the sender’s “valid physical postal address” in any commercial e-mail message, by including the sender’s current street address, a Post Office box the sender has registered with the United States Postal Service, or a private mailbox the sender has registered with a commercial receiving agency that is established pursuant to United State Postal Service regulations. The use of a Post Office box or a private mailbox is permitted only if the sender “accurately” registers such mailboxes.

No Fees and No Personal Information for Opt-Out
The Final Rule clarifies that opt-out mechanisms cannot require requesters to pay a fee, provide information other than their e-mail addresses and opt-out preferences, or take any steps other than sending a reply e-mail message or visiting a single page on an Internet Web site.

Forward-to-a-Friend Programs
While the Commission did not specifically issue a rule on forward-to-a-friend schemes, it addressed the application of CAN-SPAM to forward-to-a-friend e-mails in its Statement of Basis and Purpose. The Commission stated that application of the Act to a forward-to-a-friend message usually turns on whether the seller offers to pay for or provide other consideration to the forwarder. If a seller offers consideration or other inducements for forwarding a commercial message, it must comply with CAN-SPAM’s requirements as a “sender.” The Commission observed that even de minimus consideration, such as coupons, entry in a sweepstakes, or discounts on goods and/or services are considered consideration under the Act. However, merely “exhorting consumers to forward a message does not, absent more, subject the seller to “sender” liability under the Act.”

The Commission addressed two methods of forwarding-to-friend programs. First, and most commonly, sellers include functionality on their Web site that permits site visitors to click on a button and initiate a message to an email recipient. The Commission stated that when a seller’s Web site includes such functionality, it is engaged in the “routine conveyance” of the message, and is not subject to the Act. Second, when a seller sends a message to someone, and the recipient of that commercial e-mail use his or her own e-mail program to forward the commercial e-mail to others, CAN-SPAM will not hold the seller liable unless it induced or procured the forwarding of the email by offering some form of consideration as discussed above.