7 Steps to CAN-SPAM Act Compliance
We’ve all gotten those emails. You know, the ones riddled with typos, trying to get you click on something, maybe with suggestive themes or images? And most savvy business people have attained enough tech-competency to know not to click on that stuff. We call it…. SPAM!
But that’s not our marketing emails, right? Our marketing emails are polite, professional, and 100% above board. Right? Well….it depends.
Turns out, there is a federal law, the CAN-SPAM Act that says your email marketing emails must meet certain guidelines. Otherwise, it’s Spam, and could be subject to a fine of up to $43,792 (how did they come up with that number??).
The Federal Trade Commission offers 7 tips for following the CAN-SPAM Act. For the most part, it is pretty straightforward, and I’ve reprinted them, verbatim, below. If you have any questions about whether your marketing emails meet these criteria, we’re happy to help.
These guidelines apply to emails whose primarily purpose is to advertise or promote a commercial product or service, including content on a website operated for a commercial purpose.
Without further ado, straight from FTC:
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 email 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. Craft the notice in a way that’s easy for an ordinary person to recognize, read, and understand. Creative use of type size, color, and location can improve clarity. Give a return email address or another easy Internet-based way to allow people to communicate their choice to you. You may create a menu to allow a recipient to opt out of certain types of messages, but you must include the option to stop all commercial messages from you. Make sure your spam filter doesn’t block these opt-out requests.
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. You can’t charge a fee, require the recipient to give you any personally identifying information beyond an email address, or make the recipient take any step other than sending a reply email or visiting a single page on an Internet website as a condition for honoring an opt-out request. Once people have told you they don’t want to receive more messages from you, you can’t sell or transfer their email addresses, even in the form of a mailing list. The only exception is that you may transfer the addresses to a company you’ve hired to help you comply with the CAN-SPAM Act.
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. Both the company whose product is promoted in the message and the company that actually sends the message may be held legally responsible.
If you’d like to book a free 30 minute consultation to discuss CAN-SPAM Act compliance, or any other tech law issue, you can book a free virtual consultation with an attorney here. It’s quick and easy!