- July 29, 2022
- Posted by: Christina Milian
- Category: blog
Digital marketing has never been more popular, especially as the pandemic drove more companies to implement contactless consumer connections. Instead, marketing teams have moved their operations online using SMS to email, but doing so comes with unique data security and privacy risks. If you do not understand the fundamental legal principles that govern commercial emails, it is simple to get yourself into trouble.
A study found that an astounding 94% of malware transmission methods involved email. These statistics highlight how risky activity may be. “Can-Spam” comes from the verb “canning,” meaning to stop spam. Its main objective is to control business email, which will lessen spam. Some people continue to send emails that are against the law.
If your company engages in email marketing in any way, you should be aware of the US compliance regulations set up to safeguard consumers. In order to educate marketers who are unaware of CAN-SPAM and related regulations, we have created this guideline.
“Deleting 200 spams a day is a drag. And I was checking my email constantly, rather than getting on with my real work, which is reading and writing. Email was becoming a distraction, a burden rather than liberation.” – Tom Hodgkinson
What is Can-Spam act?
Controlling the Non-Solicited Pornography and Marketing is legislation specifying commercial email and promotional message guidelines. It was established as a US standard for the regulation of spam email.
What conditions does Can-Spam impose?
The CAN-SPAM Act’s requirements for sending a commercial email are as follows:
- The sender’s name or organization must be identified in the email header information.
- The subject line of the email should summarize its contents.
- The sender’s address must be included in the email.
- In your emails, you must include an opt-out option.
- The email must be marked as an advertisement.
- Emails issued by the company or on its behalf must be accountable to the company.
- Opt-out requests must be fulfilled as soon as possible.
Should these 3 email message types comply with Can-Spam?
Email messages can be of the following types:
- Commercial – These messages serve as an advertisement or for promotional purposes. Such messages must adhere to CAN-SPAM regulations.
- Transactional – These emails are sent to customers when a transaction is completed. It can be a receipt or a confirmation email. Such emails do not need to adhere to CAN-SPAM regulations.
- Other– All other emails that are primarily personal communications between individuals are exempt from the CAN-SPAM Act.
“Like almost everyone who uses e-mail, I receive a ton of spam every day. Much of it offers to help me get out of debt or get rich quick. It would be funny if it weren’t so irritating.” – Bill Gates
Can-Spam Email Marketing Best Practices
The majority of customers would be aware of CANSPAM. It was put into place with the convenience of the consumer in mind. It included guidelines that stated you shouldn’t create emails with aggressive salesy. It would be inefficient for you and the recipients to sugarcoat your message with unrelated material.
Additionally, if your company is expanding, it would negatively impact the value of your brand, which is the last thing you would ever want. As a marketer, you must carefully consider each step and implement the finest strategy to further your objectives and produce beneficial outcomes for the company.
Some of the top Can-Spam email marketing best practices include:
Provide the true sender information
The email’s from, to, and route information must show who or what company sent it. Include the precise domain name and email address from which the email was sent. Sending emails with fraudulent header information is prohibited.
Be truthful in your header
In an email, the subject line is what draws the reader’s attention. Marketers create subject lines to grab clients’ attention. Sometimes, messages stray, confusing them. The CANSPAM guidelines state that you must not deceive the recipients.
This implies that the “from,” “reply to,” and “route information” portions of your email must accurately identify your business.
Send emails that include your location.
Your message must contain a working postal or physical address. It could be a P.O. Box, a private mailbox, or even your street address.
Allow your recipient to respond.
Customers prefer to hear from firms that give them a choice to reply to their messages. Send a genuine email from a valid email account if you want to earn their trust. Do you believe it would impact customer communication and their perception of your brand if companies occasionally sent emails with the message “Do not reply”?
Customers can question why you design emails with “no-reply” messages if you want to keep the dialogue flowing. Regardless of whether they want to respond to the “from address” of businesses, the ball should be in their court.
A study found that 43% of consumers report spam because they didn’t identify the “from” email address the company used to send the emails.
Provide an unsubscribe option and quickly remove opt-outs
According to the CAN-SPAM Act, every email must include a means for recipients to remove their names from the mailing list. The opt-out option must be available, and it must also be simple to identify and complete.
You must also make sure to fulfill the customer’s unsubscription request within 10 days. Additionally, it’s against the law to charge users to unsubscribe or request their personal information before doing so.
Keep an eye on your email marketing team’s activities.
It is ultimately up to you to ensure that your emails comply with the Can-Spam if you use a third party to design and handle your company’s emails. Ask to see each email prior to release if they are not sending them to you for approval. Verify that the Can-Spam is being adhered to strictly.
Why is CAN-SPAM compliance important?
Here are the legal repercussions if your commercial emails are not CAN-SPAM compliant:
- Internet service providers may file lawsuits for specific CAN-SPAM legislation violations, such as providing misleading header information or failing to notify recipients of emails containing sexually explicit material.
- In the event of a CAN-SPAM violation that negatively affects state residents, state officials and attorneys may seek injunctive remedy and statutory damages.
- Every email that violates the CAN-SPAM statute is subject to civil penalties from the Federal Trade Commission of up to approximately $16,000.
- For knowingly disobeying the need for warning labels in CAN-SPAM emails for sexually explicit information, the Department of Justice may impose fines and potentially up to 5 years in prison.
Regardless of size, many businesses usually use some kind of marketing to engage with and market to their clientele. Various best practices are advised to adhere to, whether it’s regular email marketing newsletters or SMS messaging aimed to communicate and promote to your clients.
Because breaching even one of the Can-Spam rules can result in a five-figure fine and undo months of hard work, you should try to avoid doing so. Therefore, as an email marketer, you must go by the rules you just read above to avoid breaking the law.