Email marketing is a powerful tool, but staying compliant with federal regulations is key to avoiding costly penalties under the CAN-SPAM Act. Designed to regulate commercial emails, this law applies to both business-to-consumer and business-to-business communications. Violations can result in fines up to $16,000 per email.
To ensure compliance, follow these straightforward guidelines:
Clear and honest communication
- Use subject lines that accurately represent the email’s content.
- Ensure “From,” “To,” and “Reply-To” fields clearly identify your business.
- Clearly disclose that the email is an advertisement when applicable.
Include essential information
- Provide your business’s physical address (street, P.O. box, or private mailbox).
- Make it easy for recipients to opt out, offering a no-cost option that processes within 10 business days. Avoid asking for unnecessary information beyond the recipient’s email address during this process.
Respect recipient permissions
- Only add individuals to your email list with explicit permission. Avoid automatically including contacts from business cards, event sign-ups, or online interactions without their consent.
- Never sell, share, or transfer email addresses to other lists without proper authorization.
Be cautious when outsourcing
If you hire a third-party service for email marketing, ensure they are reputable and adhere to CAN-SPAM regulations. You can be held legally responsible for their compliance—or lack thereof.
Following these steps not only keeps your email marketing legal but also builds trust with your audience, ensuring better engagement and long-term success.
