Definition
The CAN-SPAM Act, short for “Controlling the Assault of Non-Solicited Pornography And Marketing,” is a U.S. law that establishes standards for the sending of commercial email and requires the Federal Trade Commission (FTC) to enforce its provisions. Enacted in 2003, CAN-SPAM establishes rules for commercial email, allows recipients to stop unwanted emails, and imposes harsh penalties for violations. The law safeguards consumersDefinition Consumers, within the context of SEO, refer to th... from deceptive emails, emphasising transparency and respecting recipients’ preferences.
How You Can Use
Anyone involved in email marketingDefinition Email marketing utilises emails to promote produc..., particularly within the SEO space, must understand and comply with CAN-SPAM. Here’s an example of how you can ensure your email campaigns are compliant:
Example:
Imagine you run an online store and regularly send promotional emailsDefinition Promotional emails are a cornerstone of email mar... to your customersDefinition Customers, in the context of SEO, refer to indivi.... To comply with CAN-SPAM:
- Accurate Header Information: Ensure your “From,” “To,” “Reply-To,” and routing information—including the originating domain name and email address—are accurate and identify the person or business initiating the message.
- Non-Deceptive Subject Lines: Your subject lines must accurately reflect the content of the email.
- Identify the Message as an Ad: Clearly and conspicuously disclose that your message is an advertisement, if applicable.
- Include Your Physical AddressDefinition In email marketing, including a physical address,...: Your email must include your valid physical postal address. This can be your current street address, a post office box you’ve registered with the U.S. Postal Service, or a private mailbox you’ve registered with a commercial mail receiving agency established under Postal Service regulations.
- Opt-Out Mechanism: Provide a clear and conspicuous way for recipients to opt out of receiving future emails, and honor opt-out requests promptly. The opt-out mechanism should be operational for at least 30 days after the email is sent.
- Monitor Third Parties: If you hire another company to handle your email marketingDefinition Email marketing utilises emails to promote produc..., you cannot contract away your legal responsibility to comply with the law. Both your company and the company that actually sends the email may be held legally responsible.
Key Takeaways
- Accurate Information: Ensure that all email headersDefinition What are headers in e-mail marketing? Headers in ..., subject lines, and routing information are accurate and not misleading.
- Identification: Clearly identify emails as advertisements, where applicable.
- Physical AddressDefinition In email marketing, including a physical address,...: Include a valid physical postal address in all commercial emails.
- Opt-Out Mechanism: Provide and honor opt-out requests promptly.
- Third-Party Compliance: Ensure any third parties involved in your email marketingDefinition Email marketing utilises emails to promote produc... also comply with CAN-SPAM regulations.
FAQs
What is CAN-SPAM?
CAN-SPAM is a U.S. law that regulates commercial email, ensuring emails are not misleading and that recipients have the ability to opt out of receiving them.
Why is CAN-SPAM important for email marketers?
Compliance with CAN-SPAM helps maintain trust with your audienceDefinition The term "Audience" refers to the group of indivi... and avoids legal penalties for sending unsolicited or deceptive emails.
How can I ensure my emails comply with CAN-SPAM?
Follow the key guidelines such as accurate header information, non-deceptive subject lines, identifying messages as ads, including your physical addressDefinition In email marketing, including a physical address,..., and providing a clear opt-out mechanism.
What are the penalties for violating CAN-SPAM?
Each separate email in violation of CAN-SPAM can be subject to penalties of up to $46,517, so non-compliance can be very costly.
Does CAN-SPAM apply to transactional emails?
No, CAN-SPAM primarily applies to commercial emails. Transactional emails, which facilitate an already agreed-upon transaction or update a customer about an ongoing transaction, are exempt from many of the provisions.
How soon must I honor an opt-out request under CAN-SPAM?
You must honor opt-out requests within 10 business days and cannot charge a fee or require any additional information from the recipientDefinition In email marketing, the recipient refers to the i... to process the opt-out.
Can I still send emails to recipients who have opted out?
No, once a recipientDefinition In email marketing, the recipient refers to the i... opts out, you must stop sending them commercial emails unless they subsequently opt back in.
What information must be included in the opt-out mechanism?
The opt-out mechanism must be clear and conspicuous, allowing recipients to easily opt out of receiving future emails from you.
Are there specific rules for the subject lines of commercial emails?
Yes, subject lines must accurately reflect the content of the email and not be misleading in any way.
Who enforces CAN-SPAM regulations?
The Federal Trade Commission (FTC) enforces CAN-SPAM regulations and has the authority to impose penalties on violators.
