Deal Pack Blog

Are Your Email Advertisements Compliant?

Marketing via email has become a popular solution to grow business. Whether you’re advertising to solicit new sales or recruiting repeat customers, there’s something you should know…

 

The CAN-SPAM Act (Controlling the Assault of Non-Solicited Pornography and Marketing Act) was signed into law by President George W. Bush on December 16, 2003, which established the United States’ first national standards for the sending of commercial email and requires the Federal Trade Commission to enforce its provisions. The law regulates commercial email, establishes requirements for commercial messages, grants recipients the right to have you stop emailing them and spells out tough penalties for violations. It covers all commercial messages, which the law defines as any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service, including email that promotes content on commercial websites.

 

The CAN-SPAM Act consists of seven main requirements:

1. Refrain from use of false or misleading header information

2. Prohibit deceptive subject lines

3. Identify the message as an ad

4. Include a valid physical postal address

5. Inform recipients of how to opt out from receiving future email from you

6. Honor opt-out requests within 10 business days

7. Monitor what others are doing on your behalf

 

Penalties for non-compliance: Each separate email in violation of the law is subject to penalties of up to $16,000, and more than one person may be held responsible for violations. For example, both the company whose product is promoted in the message and the company that originated the message may be legally responsible. Consider having legal counsel review the documentation to ensure compliance.

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