What is CAN-SPAM Law? Is it necessary to follow this law for your email marketing business?

All QuestionsCategory: QuestionsWhat is CAN-SPAM Law? Is it necessary to follow this law for your email marketing business?
asked 3 months ago

What is CAN-SPAM Law? Is it necessary to follow this law for your email marketing business?

1 Answers
answered 2 months ago

If you are sending commercial (marketing) emails in the USA or to the USA, you should be legally compliant with the CAN SPAM act. So, yes it is important!

CAN SPAM is the major governing email marketing law in the USA, and it (mostly) supersedes old state laws as one governing law for USA. If you do not comply, the fine can be up to 40,654 USD. Luckily, it’s very easy to comply!

These are the rules to follow:
1. Don’t put false information in your header
Your ‘From’ field must be accurate and identify you, the one sending the message.
2. Don’t lie / deceive in your subject line
Your subject line must accurately reflect the content of your email.
3. Identify the message as an ad
You must let the recipient know that your email is advertising, very clearly.
4. Include your actual location
You must include a valid physical postal address – this can be a post office box or physical place.
5. Tell them how to opt out
Make sure that every recipient knows exactly how to opt out of your email marketing. Your unsubscribe mechanism must be clear and obvious, and a joy to click on (contact us if you’d like a nifty unsubscribe mechanism on every company email).
6. Quickly process their opt-out requests
Your opt out mechanism must remove the un-subscriber from your list within 10 days. The mechanism in the email must still be usable for 30 days. You also cannot require anything from the un-subscriber e.g. information, payment, to opt them out. That means no requiring them to tell you what they hate about your newsletters.
7. If your name is on it, you’re liable
Even if you hire another company to send emails for you, you are still liable. Both you and your contractor could be penalized, so take care.

 

I just wrote a blog post on the CAN SPAM act – check it out for more detail and for specific application to email marketing with email marketing service providers 🙂

http://www.crossware.co.nz/blog/avoiding-email-spam/

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