What is the CAN-SPAM Act?
The CAN-SPAM Act, short for the Controlling the Assault of Non-Solicited Pornography And Marketing Act, is a United States federal law that 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?
The CAN-SPAM Act applies to any business that sends commercial emails. This includes businesses of all sizes, from
small startups to large corporations. Whether you are sending promotional offers, newsletters, or any other form of commercial communication, you must comply with the CAN-SPAM Act.
Key Requirements of the CAN-SPAM Act
Don't use false or misleading header information: Your email's "From," "To," "Reply-To," and routing information must be accurate and identify the person or business who sent the message.
Don't use deceptive subject lines: The subject line must accurately reflect the content of the email.
Identify the message as an ad: You must disclose clearly and conspicuously that your message is an advertisement.
Tell recipients where you're located: Your email must include your valid physical postal address.
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: You must honor a recipient's opt-out request within 10 business days.
Monitor what others are doing on your behalf: Even if you hire another company to handle your email marketing, you are still responsible for ensuring compliance with the law.
Penalties for Non-Compliance
Failing to comply with the CAN-SPAM Act can result in significant penalties. Each separate email in violation of the CAN-SPAM Act is subject to penalties of up to $43,792, so non-compliance can quickly become costly. Furthermore, violations can also lead to legal action from recipients, which can further harm your business financially and reputationally.
Best Practices for Compliance
Segment your email list to ensure that you are sending relevant content to the right audience, thus reducing the likelihood of complaints.
Regularly clean your email list to remove inactive subscribers who are more likely to mark your emails as spam.
Use a
double opt-in process to confirm that recipients genuinely want to receive your emails.
Clearly explain the benefits of subscribing to your emails to encourage voluntary and informed sign-ups.
Test your emails regularly to ensure compliance with the CAN-SPAM Act.
Conclusion
The CAN-SPAM Act plays a crucial role in regulating email marketing and protecting consumers from unwanted emails. For businesses, understanding and adhering to the CAN-SPAM Act is not just a legal necessity but also a strategic move to build trust, enhance customer relationships, and maintain a positive brand image. By following the guidelines and best practices, businesses can use email marketing effectively and ethically.