What is the CAN-SPAM Act?
The
CAN-SPAM Act (Controlling the Assault of Non-Solicited Pornography And Marketing) is a U.S. law that was enacted in 2003. It 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 does the CAN-SPAM Act apply to?
The CAN-SPAM Act applies to all businesses that send commercial emails, which are defined as "any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service." This includes
businesses sending
newsletters,
promotional emails, and other forms of email marketing.
Key Requirements of the CAN-SPAM Act
To comply with the CAN-SPAM Act, businesses must adhere to several key requirements: 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, or a private mailbox you’ve registered.
Tell recipients how to opt out of receiving future emails 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.
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.
Penalties for Non-Compliance
Violating the CAN-SPAM Act can result in hefty penalties. Each separate email in violation of the
CAN-SPAM Act is subject to penalties of up to $43,792. This underscores the importance of ensuring compliance with the Act not just to avoid legal repercussions, but also to maintain the trust and respect of your
email recipients.
Best Practices for Compliance
Here are some best practices to help ensure compliance with the CAN-SPAM Act: Regularly review your email marketing practices and ensure they align with CAN-SPAM requirements.
Maintain a clean and updated email list to minimize the risk of sending emails to recipients who have opted out.
Use email marketing software that includes built-in compliance features such as automatic inclusion of your physical address and easy opt-out mechanisms.
Train your marketing team on the importance of compliance and the specifics of the CAN-SPAM Act.
Conclusion
Compliance with the CAN-SPAM Act is crucial for any business engaged in
email marketing. By understanding and adhering to the requirements, you can avoid legal penalties and build a positive reputation with your audience. Always prioritize transparency, honesty, and respect in your email communications.