Email marketing remains a powerful tool for businesses, but it’s crucial to stay on the right side of the law. In the United States, the CAN-SPAM Act sets the rules for commercial email, and understanding its requirements is essential for every marketer.
What is the CAN-SPAM Act?
The CAN-SPAM Act, which stands for Controlling the Assault of Non-Solicited Pornography And Marketing Act, is a federal law that establishes requirements for commercial email messages. It covers all emails with the primary purpose of advertising or promoting a commercial product or service.
Key provisions of the CAN-SPAM Act:
- Don’t use false or misleading header information: Your “From,” “To,” and “Reply-To” information 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 email.
- Identify the message as an advertisement: Clearly indicate that the email is an advertisement or solicitation.
- Tell recipients where you’re located: Include your valid physical postal address in the email.
- Provide an opt-out mechanism: Give recipients a clear and conspicuous way to opt out of receiving future emails from you. This could be an “unsubscribe” link or a clear instruction on how to opt out by reply email.
- Honor opt-out requests promptly: You must process opt-out requests 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 complying with the CAN-SPAM Act.
Penalties for violating the CAN-SPAM Act:
Violations of the CAN-SPAM Act can result in hefty penalties, including fines of up to $46,517 per separate email violation.
Best practices for CAN-SPAM compliance:
- Obtain consent: Get explicit permission from recipients before sending them marketing emails. This could be through a signup form on your website or a clear opt-in checkbox.
- Use a reputable email marketing service: Choose a provider that complies with the CAN-SPAM Act and offers features like unsubscribe management and list segmentation.
- Maintain a clean email list: Regularly remove inactive or invalid email addresses to reduce bounce rates and improve deliverability.
- Segment your list: Send targeted emails to different segments of your audience to improve engagement and reduce the likelihood of people marking your emails as spam.
By understanding and following the CAN-SPAM Act, you can ensure your email marketing campaigns are not only effective but also legal.