The FTC Released a Guide for CAN-SPAM Act: A Compliance Guide for Business (September 2009)

FTC Released a Guide for CAN-SPAM Act: A Compliance Guide for Business

In September 2009, the Federal Trade Commission (FTC) provided guidance on the CAN-SPAM Act, which governs commercial email practices. Key points include:

• Applicability. The CAN-SPAM Act applies to all commercial emails, not just bulk messages, including business-to-business communications.

• Penalties for Violations. Each non-compliant email can incur fines of up to $46,517, making adherence crucial for businesses.

Main Requirements for Compliance:

1. Accurate Header Information. Ensure that the "From," "To," "Reply-To," and routing information are truthful and reflect the sender's identity.

2. Honest Subject Lines. Subject lines must clearly indicate the content of the email without deception.

3. Identify as an Advertisement. Clearly disclose that the email is a promotional message.

4. Include a Physical Address. Provide a valid postal address, which can be a street address, registered post office box, or private mailbox.

5. Opt-Out Instructions. Clearly explain how recipients can opt out of future emails, using straightforward language and design. Include an easy way for recipients to communicate their preferences.

6. Timely Response to Opt-Out Requests. Process opt-out requests within 10 business days, ensuring no additional conditions are imposed. Do not sell or transfer email addresses after a recipient opts out.

7. Responsibility for Third Parties. Businesses are still accountable for compliance, even if they hire third-party services for email marketing.

By following these guidelines, businesses can ensure compliance with the CAN-SPAM Act and avoid significant penalties.

For more information, see here:  https://www.ftc.gov/tips-advice/business-center/guidance

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