by Anna Wybieralska Jul 24, 2020

Since email became one of the most effective marketing channels in the online world, many laws and regulations were created to keep it in check. One of them being the Controlling the Assault of Non-Solicited Pornography And Marketing (CAN-SPAM). And so, as Mamma Mia said the rules must be obeyed”. However, in order to do that, one must understand the rules first.

What is CAN-SPAM?

Controlling the Assault of Non-Solicited Pornography And Marketing (CAN-SPAM) law regulates the use of commercial emails and messages, making it easier for a consumer to resign from them. It was established in 2003. To this day is a valid set of rules for any email marketers who want to promote themselves. Violating this law results in a fine, and it’s a hefty one. For every single email that violates CAN-SPAM, you can be fined around $16,000. You can easily count the amount you would need to pay if you were caught breaking the law with 10,000 emails.

How does it work?

There are certain rules that must be followed in regard to any commercial message. We’ll talk about the most important ones, but you can see the list in full on the FTC page.

  1. You must include your company’s physical address in every email. It doesn’t need to be written in a huge font with flashing gifs. But it needs to be visible and it needs to be in every single email you send out.
  2. If a recipient opted-out of your emails, they need to be removed from the list no later than within 10 business days.
  3. The opt-out has to be visible and easy for a consumer. This is no place for making the action complicated. Opt-out has to be as simple and clear as possible.

It’s important to point out that reading an article can help you get a grasp of the law. However, it’s by no means a valid consultation. If you need legal advice, it’s best to get in touch with a lawyer or FTC in this subject. They have extensive documentation that can assist you if you have any more doubts.

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Anna Wybieralska

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