What is the CAN-SPAM act?

3 de Enero de 2019 a las 15:04

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3 de Enero de 2019 a las 15:06

If you are sending marketing emails to people living in the US, you need to stay compliant with the CAN-SPAM Act or risk heavy penalties. The CAN-SPAM Act (The Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003), is a U.S. law that states the requirements all commercial emailing must adhere to -  such as that email recipients have the right to stop receiving marketing messages at any time they wish.  The CAN-SPAM Act applies to all kinds of commercial emails, „the primary purpose of which is the commercial advertisement or promotion of a commercial product or service (b2b emails are no exception!). Every separate email found to be in violation of the CAN-SPAM act can be subjected to up of  $41,484 fine so not complying with the law can leave your company in financial troubles.

Here are the main CAN-SPAM requirements:

1. Don’t use misleading header information. - Email recipient must be able to quickly identify the person or business who sent the message to them.

2. Don’t use deceptive subject lines - The subject line must be related to the content of the email.

3. State clearly your email is for marketing purposes. 

4. Your email must include a valid physical postal address

5. Tell recipients how they can unsubscribe from your emails – your email must contain an easy and straightforward way for your customer to opt out from getting marketing messages from you, preferably an unsubscribe link. You can also add an option to opt out only of certain types of messages, but you must have an option for your customers to stop all kinds of messages.  

6. Unsubscribe without hassle – you must remove a customer out of your mailing list within ten business days. You also cannot charge fees, require for the customer to log-in to their account before unsubscribing or ask them for giving you any other informations beside email address.

7. Monitor people working on your behalf – even if you hire another person or another company to take care of your email marketing, you can still be held responsible for any violations of the CAN-SPAM act.