CAN-SPAM isn’t Something you Want to Eat

What is CAN-SPAM and why does it matter to your business?

Sending email campaigns or newsletters to your audience? Thinking about it?  The CAN-SPAM act is something you need to keep in mind. You may think of the internet as the wild west in terms of regulation. That would be a fallacy to believe, and the main sheriff, CAN-SPAM can seriously ruin your day if found to be in violation of the rule.

Three Types of Email

With CAN-SPAM what matters is the primary purpose of the email. There are three types of email messages and of the three types only one of which is regulated by CAN-SPAM.

  1. Commercial content or that which advertises or promotes a commercial product or service. A website operated for a commercial purpose, means emailing a newsletter linking back to your website’s blog, puts that email in to the commercial realm.
  2. Transactional or relationship content is when you’ve already performed a service or transaction with the customer and are updating them either about a past or ongoing transaction.
  3. Other – any content that is not commercial, or transactional/relationship.

What is CAN-SPAM?

CAN-SPAM or the Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003 is legislation passed by the United States Congress that regulates commercial email. A commercial email is any communication you send that has “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.” In plain english, it means any email you send about your business in any facet: cold emails, newsletters, email campaigns, ect., are all considered to be commercial emails. SPAM is considered to be any commercial email the receiver did not agree to receive.

CAN-SPAM Violations

Think it’s not a big deal if you get reported for a CAN-SPAM violation? It can truly be a deciding factor in whether or not your business goes bankrupt. EACH email you send found to be in violation of the law is subject to penalties of up to $41,484, and there are other factors which may increase the fines you are subjected to. Take note that more than one person can be held responsible for the violations. Still think it’s not a big deal?

How to Remain CAN-SPAM Compliant

Staying CAN-SPAM isn’t hard as there are a few things the law says you must do. Do these simple, easy steps and your emails remain CAN-SPAM complaint.

  • Don’t send to people who haven’t stated they want to receive email from you. Sounds easy enough. If you send to a person who hasn’t asked to hear from you, or who you have never contacted before you are being a spammer you. Just don’t.
  • Have an unsubscribe option. Sending an email to someone who has expressed interest in the past? Make sure they can unsubscribe from your email communications.
  • If unsubscribes happen DO NOT RESUBSCRIBE THEM. Once a person no longer wants to hear from you via email that’s it. You can not re-add them and you MUST unsubscribe them within 10 days. They can chose to resubscribe at a later date, but it isn’t a choice you can make choice for them.
  • Make sure your header information isn’t false or misleading. “From”, “To” and “Reply-To” must be accurate and identify who you are. Your domain and email address must also be accurate.
  • Subject Lines must reflect the content of the message accurately.
  • Identify the message as an ad.
  • You must include a physical address. It’s against the law to not have a valid physical postal address. Work from home? Get a P.O. Box, a private mailbox, or use your home location.  As long as there is a physical address, it doesn’t matter what kind of physical address it is.

Staying compliant with CAN-SPAM is a requirement for any digital marketing agency doing business today. Failing to maintain compliance could cause harm to your reputation as well as your bank account. As long as you cover your bases you should have no issues. Questions or concerns? Reach out to us at 518.694.0044.

Joe Schaefer on FacebookJoe Schaefer on InstagramJoe Schaefer on LinkedinJoe Schaefer on TwitterJoe Schaefer on Youtube
Joe Schaefer
Marketing Director at Digital Marketing Training Group
Joe Schaefer is the Marketing Director at Digital Marketing Training Group. Digital Marketing Training Group offers a business opportunity for entrepreneurs that launches a fully-functioning digital marketing agency with full support and a team of white label, professional marketers who perform the heavy-lifting when it comes to implementing modern, forward-thinking, working digital marketing strategies. Apart from being simply the Marketing Director, Joe Schaefer is also the lead instructor of the 5-day, in-person digital marketing training that precedes the launch of an individual's digital agency.
SHARE IT:

Commenting area

  1. Like!! Really appreciate you sharing this blog post.Really thank you! Keep writing.

  2. Why people still use to read news papers when in this technological
    world everything is existing on web?

  3. It’s actually very complex in this busy life to listen news
    on Television, so I simply use world wide web for that reason, and get the
    most recent information.

  4. I’ve learn several excellent stuff here. Certainly value bookmarking for revisiting.
    I surprise how a lot effort you put to make such a magnificent
    informative website.

  5. I’ve been surfing on-line more than three hours as of late, yet I by no means discovered any interesting article like
    yours. It’s lovely value enough for me. Personally, if all site
    owners and bloggers made just right content material as you probably did, the internet will likely be much more useful than ever before.

  6. It’s an amazing post in support of all the web users; they
    will get advantage from it I am sure.

  7. Its like you read my mind! You seem to know so much about this, like you wrote the book in it or something.
    I think that you can do with some pics to drive the message home a little bit, but other than that,
    this is wonderful blog. A great read. I’ll certainly be back.

  8. Hmm is anyone else having problems with the images on this blog loading?
    I’m trying to figure out if its a problem on my end or if it’s the blog.
    Any feedback would be greatly appreciated.

  9. Very nice post. I just stumbled upon your weblog and wanted to say that I’ve truly enjoyed browsing your blog posts.

    After all I’ll be subscribing to your rss feed and I hope you write again soon!

  10. Hello, i think that i saw you visited my blog thus i got here to go back the choose?.I am attempting to in finding things to improve my
    web site!I suppose its adequate to use some of your concepts!!

  11. Nice post. I was checking constantly this blog and I am inspired!
    Very useful info specifically the final part 🙂 I handle such info
    much. I used to be seeking this certain information for a very lengthy
    time. Thank you and good luck.

  12. Hey There. I found your blog using msn. This is a very well written article.
    I’ll be sure to bookmark it and come back to read more of your useful information. Thanks
    for the post. I’ll certainly comeback.

  13. I am extremely impressed with your writing skills as well as with the layout on your weblog.

    Is this a paid theme or did you modify it yourself?
    Either way keep up the nice quality writing, it’s rare to see a nice blog like this one nowadays.

  14. Does your site have a contact page? I’m having a tough time locating it but,
    I’d like to send you an e-mail. I’ve got some ideas for your blog you might be interested in hearing.
    Either way, great website and I look forward to seeing it
    improve over time.

  15. Hello, I think your blog might be having browser
    compatibility issues. When I look at your website in Opera,
    it looks fine but when opening in Internet Explorer,
    it has some overlapping. I just wanted to give you a quick heads
    up! Other then that, awesome blog!

  16. I’m really loving the theme/design of your weblog.

    Do you ever run into any browser compatibility issues?
    A number of my blog audience have complained about my website not operating correctly in Explorer but looks great in Chrome.
    Do you have any recommendations to help fix this problem?

Leave a Reply

You can use these tags: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>