CAN-SPAM Act Compliance

The CAN-SPAM Act, enacted in 2003, stands for the Controlling the Assault of Non-Solicited Pornography And Marketing Act. This federal law 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. The law is designed to reduce the number of unsolicited emails and ensure that consumers have control over the emails they receive.

Key Requirements of the CAN-SPAM Act

To comply with the CAN-SPAM Act, businesses must follow several key requirements:

1. Don't Use False or Misleading 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.

2. Avoid Deceptive Subject Lines

The subject line must accurately reflect the content of the message. It should not mislead the recipient about the nature of the email.

3. Identify the Message as an Ad

The law requires you to clearly and conspicuously disclose that your message is an advertisement. This doesn't mean you have to include a specific phrase, but you must make it clear to the recipient that the email is a commercial message.

4. Include Your Physical Postal Address

Your email must include a 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.

5. Provide a Clear and Easy Opt-Out Method

You must provide 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 is easy for an ordinary person to recognize, read, and understand. Use a return email address or another easy Internet-based way to allow people to communicate their choice to you.

6. 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.

7. 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.

Penalties for Non-Compliance

Failure to comply with the CAN-SPAM Act can result in hefty penalties. Each separate email in violation of the CAN-SPAM Act is subject to penalties of up to $43,280, so non-compliance can be costly. Additionally, deceptive commercial emails or those that violate the CAN-SPAM Act often lead to reputational damage, which can be even more detrimental to your business in the long run.

Understanding and complying with the CAN-SPAM Act is crucial for any business involved in email marketing. By following the requirements outlined above, you can ensure that your email campaigns are both legally compliant and respectful of your recipients' preferences. This not only helps you avoid penalties but also builds trust and credibility with your audience.

FAQ

What types of emails are covered under the CAN-SPAM Act?

The CAN-SPAM Act applies to all commercial emails, 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.'

Are transactional emails subject to the CAN-SPAM Act?

No, transactional or relationship messages—those that facilitate an already agreed-upon transaction or update a customer about an ongoing transaction—are exempt from most provisions of the CAN-SPAM Act.

Can I send marketing emails to people who have opted out?

No, once someone has opted out of receiving your emails, you must stop sending them commercial messages within 10 business days.

Do I need to include an opt-out link in every email?

Yes, every commercial email you send must include a clear and easy way for recipients to opt out of receiving future emails from you.