Thus, CAN-SPAM establishes explicit standards to prevent corporations from engaging in deceptive and abusive email marketing or face harsh penalties that might force them out of business.
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Compliance with CAN-SPAM
All commercial email is governed by the CAN-SPAM Act. Here are some recommended practises for email marketing to prevent CAN-SPAM infractions and fines.
CAN-SPAM expressly forbids the purchase and sale of email lists. Although it legally allows for the “rental” of email lists, it is nonetheless dangerous. Sending emails to those who did not sign up to receive them ensures a high unsubscribe rate. Worse, it exposes firms to a flood of spam complaints, prompting the Federal Trade Commission to launch an inquiry (FTC).
CAN-main SPAM’s emphasis is on honesty. The originating domain name and email address, as well as valid identities in the “From,” “To,” and “Reply-To” boxes, must be included in all marketing communications.
The subject line of your email must not mislead people into opening it. The more precise they are, the less likely it is that you will be scrutinised. Don’t use the word “free” in the subject line unless you really are providing something for free to everyone who gets the email. While “Merry Christmas” may slip through spam filters, “Christmas Sales for Email Customers” is more precise.
Your real physical postal address must be included in your emails. This might be your current street address, a USPS-registered post office box, or a private mailbox registered with a commercial mail receiving agency established under Postal Service laws, according to the FTC.
When you get an opt-out request, you have 10 days to delete the subscription. You must do it without charging a fee and without requesting or selling a person’s personal information.
Assume you want to send a marketing email to someone who has merely signed up for your blog. The essential thing to remember is that the emphasis of any CAN-SPAM inquiry starts with evaluating if the message’s “primary purpose” is commercial.
So, if your blog emails include “commercial content,” it is most certainly permissible to send non-blog marketing emails as well. While it may be tempting to mix marketing lists, it is best to send emails solely to consumers who have specifically opted-in to certain marketing lists to prevent the impression of dishonesty.
Every CAN-SPAM infringement is punishable by a $16,000 fine – for each and every email sent. That might knock you out of business if you have a huge email list. Depending on how dishonest your email marketing practises are, you may even be sentenced to jail.
You may also face additional costly consequences, such as:
If your company’s domain is flagged for CAN-SPAM violations, email and Internet service providers will block all of your emails, regardless of content. Internet service providers often discontinue all Internet services, while some will refuse to give you with theirs. Website hosting firms will terminate your website as well as any other services.
If you are discovered to be an unlawful spammer, you may face legal action. While they are unlikely to succeed in the end, they are expensive and taint your brand.
Finally, if any of your emails are sent outside of the United States, you may be subject to tougher international anti-spam regulations. Another reason to adhere to the finest email marketing strategies if you want to expand your organisation.