| If you're starting an email campaign or if you've been | | | | the law is that your subject line can't be "misleading". |
| email marketing already but aren't sure if your | | | | Step Three: Tell Them That You're an Advertisement |
| marketing emails are CAN-SPAM compliant, this article | | | | You can do this many ways, including small print at the |
| explains what CAN-SPAM laws are and how to make | | | | bottom of the email. However, somewhere in your |
| sure that your email program is complaint with them. | | | | email, you need to make it clear that the email is an |
| What is CAN-SPAM and Why is It Important? | | | | advertisement. It may seem obvious to you, but the |
| It's possible that you don't even know what | | | | law says that you need to make it explicit at least |
| CAN-SPAM is. Maybe you think that it involves a | | | | once in the email. |
| popular processed meat product. However, if you're | | | | Step Four: You Need to Have an Actual Physical |
| going to send email to your customers, CAN-SPAM is | | | | Location |
| a very important law that you need to know about. It | | | | This one is also simple. Somewhere in your email you |
| governs whether the email you send is considered a | | | | must provide a physical postal address (street or |
| legal communication or an illegal piece of unsolicited | | | | postal box) where you can receive communications |
| spam. If you don't abide by it, you're subject to fines | | | | via mail. This ensures that you are not a scammer and |
| and penalties from the U.S. federal government. | | | | also allows customers a way of sending a verified |
| In this article, Comm100 will give you the history of | | | | communication to you to remove themselves from |
| what CAN-SPAM is. Then Comm100 will tell you what | | | | your mailing list. |
| you need to do in order to be compliant. | | | | Step Five: You Have to Let People Know How to |
| A Touch of History: The Passing of the CAN-SPAM | | | | Opt-Out |
| Law | | | | You cannot (and should not) send a marketing email |
| In 2003, as inboxes were being flooded with unwanted | | | | without letting users know how to stop you from |
| email spam, the United States federal government | | | | sending future emails to them. This is called allowing |
| took action with the passing of the CAN-SPAM law. | | | | users to Opt-Out of your email list. This is typically |
| CAN-SPAM stands for Controlling the Assault of | | | | done at the bottom of the email. The only actual |
| Non-Solicited Pornography And Marketing Act of 2003. | | | | CAN-SPAM requirement is that it be easy for an |
| Essentially, the law set forth a number of requirements | | | | ordinary person to recognize and read this information. |
| that need to be met in order to send commercial email | | | | Also important is the "universal unsub rule". If you have |
| to customers. | | | | multiple newsletters or email lists, you may allow a |
| It's important to note that the law makes a difference | | | | person to unsub from only one list. However, you |
| between a commercial email and transactional email. If | | | | MUST provide the option of unsubscribing from ALL |
| you're responding to a customer service inquiry or | | | | future marketing email of any kind. Unsubscribing from |
| sending an automated email receipt of purchase, you | | | | all future marketing email is called a "universal unsub". |
| don't need to worry about CAN-SPAM. However, any | | | | Step Six: When People Want Off Your Email List, |
| email that contains marketing information or a | | | | Take Them Off. |
| customer solicitation must comply with the | | | | When somebody requests an opt-out or unsub from |
| requirements of the law (and that includes promoting | | | | your email list or lists, you have up to 10 business days |
| links to content on advertising-driven websites). Each | | | | to remove them. When you send an email, the |
| individual violation of a rule in the CAN-SPAM | | | | information or link to unsubscribe from that email must |
| requirements can leave you open to a fine of up to | | | | be valid for 30 days. You're not allowed to charge a |
| $16,000, so following the rules is important! Fortunately, | | | | fee for removal from the list or require any information |
| there's an easy checklist for you to follow. | | | | other than the user's email address. Most importantly, |
| CAN-SPAM Compliance Checklist | | | | the user can't be required to do anything other than |
| Once you get past all the government language, | | | | send you a reply email or visit a SINGLE webpage to |
| CAN-SPAM isn't that complicated. If you just follow | | | | unsubscribe. Finally, once a user has unsubscribed, you |
| seven simple steps, you'll be completely safe. | | | | may not under any circumstance sell or rent that |
| Step One: Be Who You Say You Are! | | | | person's email to anybody else. This is the most |
| You can't pretend to be another website or company | | | | complicated part of the law, but it's also the most |
| just to get a user to open an email (or to get into the | | | | important. And, if you don't honor it, it's the easiest to |
| inbox). This is a popular trick offshore spammers use | | | | get in trouble for because people will get upset if they |
| to get through spam filters, but it's illegal. The email | | | | continue to receive unwanted email from you. |
| address that you send from (the "from" address and | | | | Step Seven: Make Sure You Know What Your |
| the reply-to address) must be your own. The domain | | | | Marketing Agency is Doing! |
| that you promote in the email must either be your own | | | | Also make sure that you know what your affiliates |
| or be one that you are authorized to promote, and it | | | | are doing! Make sure that you know what anybody |
| MUST be the domain that you say it is (i.e.: you can't | | | | who sends email on your behalf is doing! You are |
| tell people that they are going to a site that sells | | | | legally responsible for the actions of anybody you hire |
| coffee and then send them to an adult entertainment | | | | or authorize to send marketing email on your behalf. |
| site). Basically, the information that a customer sees in | | | | There you go. Follow these simple seven steps, and |
| the email has to actually be you or your business. | | | | you will be CAN-SPAM compliant. Most third-party |
| Step Two: Don't Lie in the Subject Line | | | | email platform providers will actually make sure that |
| This one is easy. If your subject line says that opening | | | | any of these criteria that can be automated (such as |
| the email will give the user a daily quote of the day, | | | | physical address, unsub links and removing |
| then that's what needs to be in the email. You can't | | | | unsubscribed members) are automated. However, it's |
| use a subject line that promises a discount on | | | | in your best interest to always review your marketing |
| groceries and then present an email that promotes | | | | emails before they go out to make sure that they |
| anything other than a discount on groceries. In short, | | | | meet every criterion on the checklist! |
| your subject line has to be truthful. The terminology of | | | | |