Email marketing is a powerful tool for businesses, but it comes with responsibilities, particularly in terms of legal compliance. One of the most crucial regulations governing email marketing in the United States is the
CAN-SPAM Act. This act sets the rules for commercial emails, establishes requirements for commercial messages, gives recipients the right to have you stop emailing them, and spells out penalties for violations. Here, we answer some key questions about CAN-SPAM Act compliance to help ensure your email marketing efforts are both effective and lawful.
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CAN-SPAM Act stands for Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003. It is a law that sets the rules for commercial email, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations. Unlike many other laws, the CAN-SPAM Act is not limited to bulk email. It covers all commercial messages, which the law defines as “any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service.”
To comply with the CAN-SPAM Act, your email marketing 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 with the U.S. Postal Service, or a private mailbox you’ve registered with a commercial mail receiving agency established under Postal Service regulations.
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 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.
Each separate email in violation of the CAN-SPAM Act is subject to penalties of up to $46,517. The law also provides for criminal penalties – including imprisonment – for certain violations. This highlights the importance of maintaining compliance in all your
email marketing campaigns.
Compliance impacts many aspects of your email marketing strategy, including design. It’s not just about avoiding fines; it’s also about building trust with your recipients. Here are a few design tips to help ensure compliance:
Clear branding: Make sure your emails are recognizable by using consistent branding. This includes your logo, color scheme, and sender name.
Easy opt-out: Place the unsubscribe link in a prominent place so users can easily find it. This not only helps with compliance but also improves user trust.
Valid address: Always include a valid physical address in your email footer, as required by the CAN-SPAM Act.
While the CAN-SPAM Act is a United States law, it affects any business that sends emails to U.S. consumers. However, international email marketers also need to be aware of other global regulations, such as the
GDPR in the European Union and
CASL in Canada, which may have different requirements.
To maintain compliance, consider these best practices:
Regular audits: Conduct regular audits of your email marketing practices to ensure you are following all aspects of compliance.
Training: Train your marketing team on the importance of compliance and the specifics of the CAN-SPAM Act.
Use reputable email service providers: Many providers offer tools to help ensure compliance, such as automatic unsubscribe links and compliance checks.
In conclusion, following the CAN-SPAM Act is not just a legal obligation but a best practice that can enhance your email marketing strategy by improving deliverability and building trust with your audience. By understanding and implementing these requirements, you can protect your business from hefty fines and ensure your emails are welcomed by recipients.