E-Mail Marketing and CAN-Spam Compliance

by Search Pro

Email is still a highly effective tool to communicate your message to current and potential customers. And in these past 10 years it has become more defined, more refined, and more accepted by the general public. But, there are rules to follow…not just to make the campaign more effective or profitable, but to ensure that the recipients want to receive your message.

So, now you’re ready to use email as a marketing tool for your business.

You have a few email addresses from business cards received at networking events, requests from website visitors for more information about your business, and/or maybe you got email addresses at a trade show where you were an exhibitor.

Before you send the first email, the first e-newsletter, and even before deciding which 3rd party vendor to use (Benchmark Email, Constant Contact, Campaign Monitor, etc.) you must be aware of, and understand, the CAN-SPAM Compliance Act of 2003.

Don’t panic – it’s really not that complicated. You’ve heard most of the rules since it’s inception and, if you’ve signed up for an e-newsletter you’ve participated in the enforcement of the rules. But if you don’t know the rules of email marketing at the basic level, then you can’t succeed with it as part of your online marketing efforts.

The CAN-SPAM Act doesn’t apply just to bulk email. It covers all 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,” including email that promotes content on commercial websites. The law makes no exception for business-to-business email. That means all email – for example, a message to former customers announcing a new product line – must comply with the law.
Each separate email in violation of the CAN-SPAM Act is subject to penalties of up to $16,000, so non-compliance can be costly. But following the law isn’t complicated. Here’s a rundown of CAN-SPAM’s main requirements:

1. 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.
2. Don’t use deceptive subject lines. The subject line must accurately reflect the content of the message.
3. 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.
4. Tell recipients where you’re located. Your message must include your valid physical postal address.
5. 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.
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.
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.

Here is the official website that expands on the information I provided you:
http://www.ftc.gov/bcp/edu/pubs/business/ecommerce/bus61.shtm

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