By Richard Buss
The CAN-SPAM Act is a source of concern for a lot of people, and perhaps rightfully so. But honestly, there is little to fear. The act merely codifies rules for commercial email, including consumers’ right not to receive email they didn’t request.
Although it sounds like the CAN-SPAM Act covers only bulk email, it really covers much more. The rules apply to all commercial messages, which the act defines as “any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service.” This includes all business-to-business email. All commercial email — including messages to former customers — must comply with the law.
Penalties for violating the CAN-SPAM Act include fines that can range up to tens of thousands of dollars, so it is best that bulk emailers pay attention to the law. But following the rules isn’t overly complicated. Here are the things to keep in mind so you don’t run afoul of the law.
False or misleading headers: Your “from” and “reply to” information must be correct and valid. Recipients must be able to identify who you are and how to reach you.
Deceptive subject lines: It’s one thing to create exciting and inviting subject lines that will increase open rates, but you cannot lie. Your subject line should be relevant to the email itself. Don’t use a subject line like “your package has arrived” when you are emailing a sales pitch.
Location: Tell recipients where you are located by including a physical mailing address. This can be a street address or a post office box.
Unsubscribing: The biggest consumer complaint about bulk email is not being able to unsubscribe. If someone does not want your email, there is no sense in continuing to mail them. Include an unsubscribe link. Not only is this mandated by the CAN-SPAM Act, but it’s also something ISPs look for when deciding whether your email is legitimate or spam.
Opt-out requests: When someone unsubscribes from your email list, you need to honor their wish. Failure to honor an opt-out request could result in fines. It’s simply a good business practice to purge your email list of people who don’t wish to be contacted. Doing so also will help lower your complaints and increase your open rates.
The CAN-SPAM Act isn’t anything bulk emailers should fear. Instead, use it as a guide to ensure your mailings are legal. In the final analysis, the CAN-SPAM Act has done more good than harm for legitimate bulk emailers by helping to weed out at least some of the spammers.
Richard Buss is the senior account manager for YNOT Mail and director of products and services for YNOT Group LLC.
