What is the CAN-SPAM Act?
The
CAN-SPAM Act (Controlling the Assault of Non-Solicited Pornography And Marketing) is a law established in 2003 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.
Who Needs to Comply?
Any business or individual that uses email for commercial purposes must comply with the CAN-SPAM Act. This includes
marketers, businesses, and organizations that send
promotional messages or advertisements. Even if you outsource your email marketing to a third-party, you are still responsible for ensuring compliance.
Key Requirements of the CAN-SPAM Act
Accurate Header Information
Your email's "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.
Non-Deceptive Subject Lines
The subject line must accurately reflect the content of the message. Deceptive subject lines are strictly prohibited under the CAN-SPAM Act.
Identification as an Advertisement
Emails must clearly and conspicuously disclose that they are advertisements or solicitations if this is the case. This helps recipients distinguish between promotional messages and other types of communications.
Physical Address
All commercial emails must include a valid physical postal address of the business or individual sending the email. This can be a
current street address, a post office box registered with the U.S. Postal Service, or a private mailbox registered with a commercial mail receiving agency established under Postal Service regulations.
Opt-Out Mechanism
Your email must include a clear and conspicuous explanation of how the recipient can opt out of getting email from you in the future. You must honor a recipient’s opt-out request within 10 business days. The opt-out mechanism must be easy for an ordinary person to recognize, read, and understand.
Common Questions and Answers
What are the penalties for non-compliance?
Each separate email in violation of the CAN-SPAM Act is subject to penalties of up to $43,792. Non-compliance can lead to significant financial consequences for businesses.
Does the CAN-SPAM Act apply to transactional emails?
No, the CAN-SPAM Act only applies to commercial emails. However, businesses should still be careful with
transactional emails to ensure they do not contain misleading information.
Can I use a third-party service for email marketing?
Yes, you can use a third-party service, but you are still responsible for ensuring that the emails comply with the CAN-SPAM Act. Always ensure that your service provider is also following the law.
Are there any special considerations for B2B emails?
The CAN-SPAM Act applies to all commercial messages, including B2B emails. Make sure to follow the same guidelines for accurate information, clear subject lines, and opt-out mechanisms.
How can I make sure my emails comply?
Regularly review the CAN-SPAM Act requirements and update your email marketing practices accordingly. Use compliance tools, educate your staff, and perhaps seek legal advice to ensure adherence to all regulations.
Conclusion
Compliance with the CAN-SPAM Act is not just a legal requirement but also a best practice for maintaining a trustworthy and reputable email marketing strategy. By following these guidelines, businesses can avoid hefty penalties and build better relationships with their recipients.