If you’re currently doing e-mail marketing (and you should be), you should be well-versed in the Controlling the Assault of Non-Solicited Pornography and Marketing Act, better known as the CAN-SPAM Act of 2003.
If you’ve found yourself asking the question, “Can-Spam what?!” immediately step away from the SEND button. Before you send another e-mail blast, you should be well-informed on the topic, and be practicing according to guidelines, because the alternative can be costly.
The Act establishes requirements for sending commercial e-mail, spells out penalties for spammers and companies whose products are advertised in spam and gives consumers the right to opt out of receiving commercial e-mail.
The Federal Trade Commission (FTC), the nation’s consumer protection agency, is authorized to enforce the CAN-SPAM Act. CAN-SPAM also gives the Department of Justice (DOJ) the authority to enforce criminal sanctions. Other federal and state agencies can enforce the law against organizations under their jurisdiction, and companies that provide Internet access may sue violators as well.
The law covers e-mail whose primary purpose is advertising or promoting a commercial product or service, including content on a website. A “transactional or relationship message” that facilitates an agreed-upon transaction or updates a customer in an existing business relationship is typically exempt from most provisions of the CAN-SPAM Act.
What CAN-SPAM Does
- It bans false or misleading header information – Your e-mails “To” and “From” address, domain name and e-mail address must be accurate and identify whoever sent the e-mail.
- It prohibits deceptive subject lines – Your subject line can not mislead about the content or subject matter. So, yes, “FREE VACATION” as a subject line of an e-mail marketing pet products is SPAM.
- It requires that e-mail recipients have a chance to opt-out of mailings. If you send marketing e-mails, you must offer an easy opt-out method in every e-mail. Once a recipient opts out, the Act gives you 10 days to remove those who have opted out and to stop mailing to them.
- It requires that commercial e-mail be identified as an advertisement and include the sender’s valid physical postal address.
Penalties
Each violation of CAN-SPAM is subject to fines of up to $11,000. Deceptive commercial e-mails are also subject to laws banning false or misleading advertising. If you fail to include an opt-out link, forget to add a physical address, or don’t get around to removing a person’s e-mail address from your list within 10 days, you can be fined severely.
Don’t take a chance on sending spam e-mails, thinking that all those spammers in your junk folder are safe from prosecution. Not only are you risking a steep fine by sending non-compliant e-mails, but you are tarnishing your reputation and ruining the relationship you have with your customer.
By Michelle Johnson
michellej@ebizinsider.com
