Can I Spam Under The CAN-SPAM Act?

The CAN-SPAM Act highlights a complete compliance guide for businesses utilizing the internet for marketing of products and services. The rules dictate the requirements for sending content in commercial email, the content allowed in those messages, the rights of recipients and the penalties for violators.

Even though the name of the act includes the word “spam,” it was never intended to apply to bulk emails. It does cover commercial messages including all advertising or promoting of commercial products or services on the web or websites. This does include direct business emails from a business to existing customers.

Businesses need to be careful of how they are conducting their email marketing campaigns to stay within the letter of this law. Violators are subject to fines of up to $16,000, which is a pretty stiff hit if a struggling business makes even one mistake and violates the act.

The Act is easy to follow, and the rules are crystal clear regarding what is allowed and what is prohibited:

The business must send emails that include their proper and original domain name, including their rightful business email address. In this way, it will accurately identify the business and person as a contact who is sending out the message to customers.

The subject line of the email must state the subject in clear and obvious language. No innuendos and no misleading words are permitted to mislead the recipients as to what the content of the message will be once opened.

No cloak and dagger tactics are allowed here. A business must disclose its location and even include a real physical postal address. Again, the address must be valid and one reasonably expected to reach the business if a customer tries to contact them with additional questions or comments.

Subscribing or unsubscribing from unwanted emails from the company may be the question, but the company has to provide the answer to both to anyone asking! Any email sent should also include a description or link to an un-subscriber option for anyone receiving the email. It must clearly tell how to unsubscribe, including directions that an ordinary person can understand and follow. No fancy small print, unclear language or additional offers are permitted to accompany the unsubscribe section.

If a customer wants to make sure his name is removed from the list, it should be easy to make this happen. A simple “take me off your list” option will do the trick. It needn’t be more complicated than that. The business is expected to honor the request the first time it is made, and is required to complete the request completely within 10 business days. There should be no hidden fees, no charges or any other email from the company once this request is made. It has the effect of having been made in writing, and serves as a formal notice to have the person’s information removed from future lists for that company.

If a company hires another to manage their email marketing, the first company should be aware of the business practices of the second company. There is no way to contract away legal responsibilities. This means, company one can’t say that company two is responsible for any mistakes it makes, leaving company one with reduced or no liability for wrongdoing. Sorry, in this case, mistakes follow back up the chain of command all the way to the first company, who will share complete legal liability with any wrongdoers.

Utilizing email for marketing is an efficient use of the available technology to attract new customers. But, it is important to follow the rules of the CAN-SPAM Act, and stay within the compliance guidelines for businesses utilizing the internet for marketing of products and services. By following the rules dictating the requirements for sending content in commercial email, the content allowed in those messages, and protecting the rights of the recipients – businesses are able to increase their book of business exponentially and cost-effectively using the web.