The CAN-SPAM Act, which stands for “Controlling the Assault of Non-Solicited Pornography And Marketing,” is a law that establishes the rules for commercial email and messages, gives recipients the right to have you stop emailing them, and spells out tough penalties for violations. 🎯
Definition
The CAN-SPAM Act was passed in 2003 and is enforced by the FTC. It applies to 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.” Among these are emails promoting content on commercial sites.
Purpose
The main objective of the CAN-SPAM Act is to give consumers the protection against unwanted and fraudulent emails. By attempting to limit spam and clean up email communication, it allows for correspondance with the ability for recipients to opt out. Additionally, the act forbids false or misleading header information and subject lines for the sake of transparent and honest email marketing.
How It Works
The CAN-SPAM Act establishes rule to regulate the businesses and individuals who send commercial emails:
| Accurate Header Information | The “From,” “To,” and routing information 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. |
| Identify the Message as an Ad | The message must be clearly identified as an advertisement. |
| Include a Valid Physical Address | The email must include the sender’s valid physical postal address. |
| Provide an Opt-Out Mechanism | Recipients must be able to opt out of receiving future emails, and the opt-out request must be honored within 10 business days. |
Best Practices
Here are some best practices to comply with the CAN-SPAM Act and increase the effectiveness of your email marketing:
- Get Permission: Although CAN-SPAM doesn’t legally require permission, having permission from prospects will lead to better engagement and fewer complaints.
- Transparent and Honest Communication: Make all your email copy honest and transparent to gain the trust of the individuals receiving the email.
- Update Lists Often: Maintain updated email lists and eliminate the inactive or unsubscribed users in quick time.
- Test and Optimize: Test email campaigns to optimize open and click-through rates, and stay in compliance.
- Tracking Feedback: Listen to feedback and complaints to do better next time and maintain a good reputation.
FAQs
CAN-SPAM applies to all commercial emails, which are defined as messages primarily for advertising or promoting a product or service. It does not apply to transactional or relationship messages.
Each separate email in violation of the CAN-SPAM Act is subject to penalties of up to $46,517. Additional penalties can be imposed for aggravated violations.
To ensure compliance, follow the guidelines outlined by the FTC, including providing accurate information, honoring opt-out requests, and maintaining transparency in your communications.