How Can I Stay CAN-SPAM Compliant?
Not complying with CAN-SPAM can put your business in jeopardy and you may be subject to fines or even asset forfeiture.
In this post, we've broken down the CAN-SPAM basics and listed the things you can do to stay compliant.
If you're not sure if your email campaigns are compliant, compare your campaign to our check list below: CAN-SPAM Law In 2003, the US federal government took action against spammers by passing of the CAN-SPAM law.
CAN-SPAM is an acronym for Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003.
The CAN-SPAM law outlines what you can and cannot do as a commercial emailer.
Each violation of a CAN-SPAM rule can warrant a fine of up to $16,000 - so this information is valuable to say the least.
CAN-SPAM Compliance Checklist Follow these simple steps to remain compliant and avoid those fines! Step 1: Don't pretend to be someone else You can not pretend to be someone who you are not.
For example, you can't pretend to be a local bakery if you are in fact a national used car sales company.
Furthermore, the email address that you send from must be your own.
Basically, the information that you present to your audience in the email has to be you or your business.
Rule 2: Your subject line must be true The law says your subject line can not be misleading.
In other words, if you are sending out a coupon for a free cup of coffee, your email needs to be about a free cup of coffee and not a free trial for a DVD subscription.
Rule 3: Disclose that you are an advertiser According the law, you must convey that you are an advertiser explicitly in your email at least once.
There are multiple way to comply with this rule, but we suggest a simple line of text clearly displayed at the bottom of your email.
Rule 4: You must convey your location Believe it or not, you must list your business' physical postal address somewhere in your email.
This may seem weird, but they do this in the event that a subscriber needs to send you snail mail in order to unsubscribe.
Rule 5: Opting-out must be available It is against CAN-SPAM rules to send a commercial email without letting your audience know how to opt-out of future commercial emails.
The rules states that you must provide your recipients to unsubscribe from all email communications (in the event that you have multiple email streams, i.
newsletter and an advertisement emails).
Rule 6: Your unsubscribe function must work When a subscriber requests an opt-out from your email list, you have up to 10 business days to remove them.
Comm100 says "When you send an email, the information or link to unsubscribe from that email must be valid for 30 days.
You're not allowed to charge a fee for removal from the list or require any information other than the user's email address.
Most importantly, the user can't be required to do anything other than send you a reply email or visit a SINGLE webpage to unsubscribe.
Finally, once a user has unsubscribed, you may not under any circumstance sell or rent that person's email to anybody else.
This is the most complicated part of the law, but it's also the most important.
And, if you don't honor it, it's the easiest to get in trouble for because people will get upset if they continue to receive unwanted email from you.
" Rule 7: Keep an eye on your company and your email senders You are responsible for any emails that come out of your company, and that includes any outside agencies you may have hired to send emails on your behalf.
Don't get hit with a fine because someone in your company is spamming!