Are you in the business of internet marketing? Can your business afford $16,000 for every email sent? Even the most profitable company cannot take a financial blow of this caliber. If you send emails in your business, you may want to review the CAN-SPAM Act.
In 2003, lawmakers in Congress passed the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act. In a nutshell, the CAN-SPAM Act is designed to stop spam from hitting emails and text messages. The Federal Communications Commission (FCC) prohibited unwanted mass emails without prior permission in conjunction with the CAN-SPAM Act in 2005.
So how does your company emails relate to the CAN-SPAM Act?
Tip #1: Misinformation use
The accuracy and identification of the sender must be clear to the recipient. The “To”, “From”, and “Reply-To” fields must be exact, without deviation.
Tip #2: Subject line deception
Business which mislead consumers will be the held accountable. The message printed in the subject line must be the reflective of the contents of the sent material.
Tip #3: Message identification
Tip #3 is one of the easiest to ensure compliance. Simply state to all recipients the message being sent is a advertisement.
Tip #4: Location
Under the laws governing the CAN-SPAM Act, your business must provide a physical location of your business. The locations can either be a current street address, a registered USPS post office box, or a private mailbox also registered with the USPS.
Tip #5: Opt-out notification
To remain compliant with the CAN-SPAM Act, business must have a clear and concise message explaining the procedure to opt-out of email communications. The notification must be in written in a manner for the ordinary person to read and understand the directions. Providing an email address will be helpful. The FTC suggests creating a message with different fonts, colors, and sizes to draw attention to the opt-out notification.
Tip #6: Opt-out requests
If your company sends out bulk style emails, tip #6 is critical to avoid fees and penalties under the CAN-SPAM Act. The opt-out notification sent previously will have to be honored by your business for at least 30 days after you send the communication. The recipients request must be processed within 10 days of their request to opt-out. There isn’t any charge toward the recipient and the initial email address cannot be forwarded to another company to solicit advertisement.
Tip #7: Monitor delegated tasks
Be cautious of the company hired as a third party to send out email communications. Under the CAN-SPAM Act, your company will still remain legally accountable. Furthermore, the company sending the emails may be legally responsible as well.