What is CAN-SPAM?
The
CAN-SPAM Act stands for "Controlling the Assault of Non-Solicited Pornography And Marketing." Enacted in 2003, this U.S. law 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.
Who Needs to Comply with CAN-SPAM?
Any business that sends commercial emails, which promote or advertise a commercial product or service, must comply with CAN-SPAM. This includes emails sent by businesses, non-profits, and even
affiliates.
Key Requirements of CAN-SPAM
To comply with CAN-SPAM, businesses must adhere to several critical rules: 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.
Don't use deceptive subject lines: The subject line must accurately reflect the content of the message.
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.
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.
Tell recipients how to opt out: 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.
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.
Monitor what others are doing on your behalf: The law makes it 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.
Penalties for Violations
Each separate email in violation of the CAN-SPAM Act is subject to penalties of up to $46,517. This means that even a single campaign that violates the law can result in substantial fines. The
Federal Trade Commission (FTC) is authorized to enforce the CAN-SPAM Act, and they take violations seriously.
Best Practices for Compliance
Here are some best practices to ensure your email marketing is compliant with CAN-SPAM: Segment your email lists to ensure you are sending relevant content to the right people.
Double opt-in can help ensure that your subscribers truly want to receive your emails.
Regularly clean your email lists to remove inactive subscribers and reduce the chances of being marked as spam.
Use clear and straightforward language in your subject lines and email content.
Make it as easy as possible for recipients to
unsubscribe from your emails.
Conclusion
Understanding and complying with the CAN-SPAM Act is crucial for any business engaging in email marketing. By following the guidelines and best practices, you can avoid costly penalties and build better relationships with your audience. Always stay informed about any updates or changes to the law to ensure ongoing compliance.