Allbusiness.com recently published an article by Nellie Akalp titled, 4 Little Email Marketing No-Nos That Could Land You In Big Trouble. The article highlights the primary requirements of The CAN-SPAM Act, and it cites the severe financial penalties that can result from from compliance failure.
The CAN-SPAM Act is a federal law that covers all commercial messages, as follows:
- Establishes the rules for commercial e-mail,
- Sets requirements for commercial messages,
- Gives recipients the right to have commercial entities stop e-mailing them, &
- Lays out the penalties for non-compliance.
Commercial Messages. Defined as “any electronic mail message the primary pupose of which is the commercial advertisement or promotion of a commercial product or service” (which includes e-mail that promotes content on commercial websites).
Penalties for Non-Compliance. Each separate e-mail in violation of the CAN-SPAM Act is subject to penalties of up to $16,000.
The Federal Trade Commission (FTC) lists the main requirements of the CAN-SPAM Act, as follows:
- Don’t use false or misleading header information.
- Don’t use deceptive subject lines.
- Identify the message as an ad.
- Tell recipients where you’re located.
- Tell recipients how to opt out of receiving future e-mail from you.
- Honor op-out requests promptly.
- Monitor what others are doing on your behalf.