What are the Simple Requirements to follow according to the CAN-SPAM Act?

Just follow these simple requirements:

1.               Don’t use false or misleading header information.  Header information is the “From,” “Reply-To,” routing information, originating domain name and email address.  These must accurately identify the person or business who initiated the message.

2.               Don’t use deceptive subject lines. The subject line must accurately reflect the content of the message.  This means that the subject line must accurately describe the product or service that is the subject of the email.

3.               Identify the message as an ad. The law gives you a lot of lead way in how to do this.  It can be a simple statement at the end of the email or by the emails general appearance.  But do not try to disguise the email as business communication, that will violate the Act.

4.               Give recipients a postal address where you regularly receive mail.  It does not have to be your business or home address.  The Act requires that physical postal address be included in the email and is usually located at the end of the email.  The address can be your current street address, a post office box you’ve registered with the U.S. Postal Service, or a private mailbox you’ve registered with a commercial mail receiving agency established under Postal Service regulations.

5.               Tell recipients how to opt out of receiving future email from you.  Your message must include a clear and conspicuous explanation of how the recipient can opt out of getting email from you in the future. Make it clear and easy for an ordinary person to recognize, read, and understand.  Creative use of type size, color, and location can improve clarity. You can also give a return email address or another easy Internet-based way to allow people to communicate their choice to you.  You can create a menu to allow a recipient to opt out of certain types of messages, but you must include the option to stop all commercial messages from you. Make sure your spam filter doesn’t block these opt-out requests.

6.               Honor opt-out requests within 10 days of receipt.  Any opt-out mechanism you offer must be able to process opt-out requests within 10 days of receipt of the request.  In addition, that same opt-out process must be available to consumer for at least thirty (30) days after you send your message.  You can’t charge a fee, require the recipient to give you any information beyond an email address, or make the recipient take any step other than sending a reply email or visiting a single page on an Internet website as a condition for honoring an opt-out request.  Do not advertise on any internet based opt-out page.  Once people have told you they don’t want to receive more messages from you, you can’t contact them, sell or transfer their email addresses to anyone.  The only exception is that you may transfer the addresses to a company you’ve hired to help you comply with the CAN-SPAM Act.

 

If you contract other’s to market on behalf of your company, you must monitor what others are doing on your behalf. The law makes clear that even if you hire another company to handle your email marketing, you can’t contract away your legal responsibility to comply with the law. Both the company whose product is promoted in the message and the company that actually sends the message may be held legally responsible.

 

For more information, see here:  https://www.ftc.gov/business-guidance/resources/can-spam-act-compliance-guide-business

 

These materials were obtained directly from the Federal Government public website and are posted here for your review and reference only.  No Claim to Original U.S. Government Works.  This may not be the most recent version.  The U.S. Government may have more current information.  We make no guarantees or warranties about the accuracy or completeness of this information, or the information linked to.  Please check the linked sources directly.