If you are using email in your business – you need to be aware of the CAN-SPAM Act. This Act sets the rules and establishes requirements for commercial messages, gives recipients the right to have you stop emailing them, and spells out tough penalties for violations.

This Act 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.” There is no exception, all emails must comply with the law. Each separate email in violation of the CAN-SPAM Act is subject to penalties of up to $16,000. Lack of compliance can be a hit to the bank. Thankfully, the rules are broken down here quite simply.

1. Don’t use false or misleading header information.
2. Don’t use deceptive subject lines.
3. Identify the message as an ad.
4. Tell recipients where you’re located.
5. Tell recipients how to opt out of receiving future email from you.
6. Honor opt-out requests promptly.
7. Monitor what others are doing on your behalf.

Click Here for a more in depth description of the rules above.

These rules are in place for a reason. Plus, they help keep your brand credible in the eyes of your key stakeholders. Ensuring the titles of your header/subject lines are not misleading, creates reliability and trust between sender and receiver. If it is an ad, it must be disclosed as such. Being transparent about the content you are sending/providing is always beneficial. Include your businesses location in the email, recipients may need to know where you are located for numerous reasons – hopefully it’s because they are interested in your brand from what they have seen and would like to visit or contact your business. However, that may not always be the case, and the recipient may want to be removed from your mailing list. You must disclose to recipients how to opt out of receiving future emails from you. Make sure that your spam filter does not block out these requests; you must honor them within 10 business days to comply with CAN-SPAM act. If you have hired a company to handle your email marketing, be sure to monitor their actions on your behalf to ensure compliance with the law, as both the company in the message and the company sending the message are legally responsible. These are all helpful methods to help keep your brand using ethical practices and in compliance with CAN-SPAM when sending out email marketing or messaging from your business.

When gathering an email list, there are some methods more efficient than others. Having a form for guests at events, seminars, and speaking engagements that allows the user to willingly opt in to receive email information, or discount coupons, etc. is an effective means of gathering information. This also applies to having a form download or section on your website where users can subscribe to your email list, knowing that they have opted in on their own accord helps to alleviate any unease when sending out mass emails. Often times email companies may terminate clients if their practice goes against the CAN-SPAM act.