To ensure your email marketing campaigns are CAN-SPAM compliant, you must avoid deceptive practices, clearly identify the email as an advertisement, include a valid physical address, provide a clear and easy-to-use unsubscribe mechanism, and honor opt-out requests promptly.
Here's a more detailed breakdown of the key requirements:
What is CAN-SPAM?
The Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act) is a U.S. law that sets the rules for commercial email and establishes the rights of recipients to receive commercial email.
It aims to protect consumers from receiving unwanted emails and to make it easier for them to opt out of receiving future emails.
Key Requirements for CAN-SPAM Compliance:
Accurate Header Information: Don't use false or misleading header information, including "From," "To," and "Reply-To" fields.
Accurate Subject Lines: Avoid deceptive subject lines that don't accurately reflect the email's content.
Clear Identification as an Advertisement: Clearly identify the email as an advertisement, especially if it's unsolicited.
Valid Physical Address: Include a valid physical postal address of the sender's business.
Unsubscribe Mechanism: Provide a clear and easy-to-use mechanism for recipients to unsubscribe from future emails.
Prompt Opt-Out Processing: Honor opt-out requests promptly, typically within 10 business days.
Do Not Harvest Email Addresses: Do not use automated methods to collect email addresses from websites or online services.
Don't Use Questionable Tactics to Build Your Audience List: Avoid questionable tactics to build your audience list, such as purchasing or renting email lists.
Clear Language: Make sure the language used in your emails is easy to understand.
Joint Liability for Affiliate Marketing: Be aware of joint liability for affiliate marketing, as you may be responsible for the actions of your affiliates.
Transactional and Relationship Messages: CAN-SPAM exempts transactional and relationship messages.
Consequences of Non-Compliance:
Fines of up to $43,280 per email, Legal repercussions, Damage to your brand's reputation, and Emails being marked as spam