Skip to content
infront webworks logo
  • Home
  • Digital Marketing

      Digital Marketing

    • SEO
      • Enterprise SEO and Digital Marketing
      • Local SEO
      • SEO Audit
      • SEO Consulting
      • SEO Services
      • SEO Tools
      • SEO Workshops
      • Small Business SEO
      • White Label SEO
    • SEM | Search Engine Marketing | PPC
      • Ads & PPC
      • Advertising Management
      • Content Marketing Strategy
      • Conversion Rate Optimization
      • Reputation Management
    • Social Media Marketing
      • Facebook
      • Instagram
      • LinkedIn
      • Pinterest
      • Twitter
  • Websites

      Websites

    • Web Development
      • Business Websites
      • Custom Web Applications
      • Small Business Websites
      • Sitefinity CMS
      • Website Costs
      • Website Evaluation
      • WordPress
    • Web Design
      • Ecommerce
      • Mobile First Web Design
      • Site Speed Optimization
    • Cloud Services
      • Domain Registration
      • Web Hosting
      • Website SSL Certified
  • About

      About

    • The Team
    • Why Infront Webworks
    • Jobs
      • SEO Jobs
      • Website Development Jobs
  • Case Studies

      Case Studies

    • SEARCH ENGINE OPTIMIZATION CASE STUDIES
      • Assisted Living SEO
      • Attorney & Law SEO
      • Automotive SEO
      • Criminal Attorney SEO
      • Dentist SEO
      • E-Commerce SEO​
      • Employment/Staffing SEO
      • Finance SEO
      • Hospitality SEO
      • Home Services SEO
      • Manufacturing SEO
      • Medical & Health Care SEO​
      • Non-Profit SEO​
      • Retail SEO
      • Real Estate SEO
      • Religious SEO
      • Travel and Leisure SEO
    • Web Development Case Studies
      • Small Business Web Design
      • Medium Business Web Design
      • WordPress Web Design
      • Church Web Design
      • Large Business Web Design
      • Nonprofit Web Design
  • Blog
  • Contact

      Contact

    • Support
Request a Quote or (719) 577-4404

Home > Blog > Email Marketing > About the CAN-SPAM Act Simplified

About the CAN-SPAM Act Simplified

  • December 27, 2011
  • 6:17 pm
  • By: Mike Hodgdon
CAN-Spam Act
CAN-Spam Act

Email marketing and digital marketing are fantastic ways for businesses to boost their sales and keep their customers up to date on what they’re up to. It’s fast, it’s relatively simple to set up, and it’s one of the most cost-effective ways to market your business and drive customers to your website.

That is if it’s done properly.

Email marketing is also one of the quickest ways to irritate your customers and make them stop buying your products. And it’s an easy way to break the law. Did you know that email marketing is regulated by Federal law? In 2003, the United States Congress passed an act that legislates how and when a business can send emails to customers or potential customers. Though as with most laws, it has an inherent flaw: it’s in legalese, so most people really don’t understand it. As marketers, this makes our job more difficult, but nonetheless, it affects us, so we’ve got to pay attention.

Here’s a quick guide that gives a breakdown of the Act, and it focuses on the main parts you need to be concerned with. Ready? Here goes:

What does “CAN-SPAM” mean?

The legislation passed by Congress that regulates commercial email is called the “Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003,” or CAN-Spam for short. Got a nice ring to it, eh?

What is “Spam,” and what isn’t?

This is the most complicated part of the legislation. Technically, Spam is an “Unsolicited Commercial Email.” In plain English, Spam is “annoying emails you didn’t ask for from companies you don’t know, selling products you don’t want.”

Should I really pay attention to the act? I’m just a small business.

Well, if you’re ok with breaking Federal law, then go for it. Otherwise, you’ve got to pay attention. And the size of your business has nothing to do with it. the penalties can be severe: you can be fined up to $300 per email message if you’re convicted of breaking the law. Not only can it be expensive, it can also land you in jail, as the Act has criminal penalties for violators.

What if I hire someone else to run my email campaigns?

You’ve got to be especially careful in this case. Unfortunately, you are still liable whether you’re the one sending the emails or you’ve hired an outside marketing firm to send them. So ask! Ask if your vendor will send your email in a way that’s sure to comply with CAN-Spam. If you get a blank stare, run away! And hire someone else who knows what they’re doing, and how to keep your company out of trouble.

How can I send CAN-SPAM compliant email?

Wow. That’s a toughie. It’s probably too hard for us to explain. We’re not lawyers. What we can do though, is offer a few tips on what good email messages look like. Generally speaking, here are some simple rules for email that is compliant:

  1. Only send email to people that “want” it. People can tell you they want your emails through several methods: subscribing via a form on your website; putting a business card into goldfish bowl that says “join our email list” at a trade show you went to; giving you permission verbally; or by simply being a recent customer of yours (meaning they’ve purchased something from you in the two years or so.)
  2. Make sure your email has an “unsubscribe” form on it. It really doesn’t matter where. It can be on the top, the side, or the bottom. But it’s gotta be there. It’s the law. And you can’t purposefully make it difficult or confusing for people to try to opt out either, and you definitely can’t charge them any money to do so.
  3. Put your business email address somewhere in the email. While you may know that emails sent out from sales@yourcompany.com come from your office at 123 Main Street, your recipient may not. And aside from the fact that it’s downright unnerving when customers are solicited to buy products from a company that doesn’t give out their address, it’s also illegal. So make sure you’ve got a valid mailing address in there (either a street address or PO Box are acceptable). Even better? Put your phone number in there too.
  4. If they unsubscribe, don’t email them again. Ever. Ok, so if they buy products from you again or ask to be put back on the list, it’s alright to email them again. But until that happens, if a recipient has made it known that he or she wants to be taken off your list, you’ve got to do it. And don’t send them any more emails. The law says you have 10 business days to comply, but if you’re smart, you’ll move even faster than that.
  5. Don’t buy or sell email lists. With very few exceptions, there’s only one kind of email list you should ever send emails to your own. Unless you have a special agreement with another company to co-market your services in their newsletter or you have access to a legitimate opt-in list from an affiliate, DO NOT send emails to recipients you don’t know. That is not what email marketing is. Unlike direct mail, where you can purchase lists from people who never signed up for anything, you can’t send emails to people who don’t know you. And you don’t want to anyway. Truly effective email marketing sends a helpful email to existing customers (or potential customers who have expressed interest). It doesn’t blast the same boring email to gobs of people hoping for a bite. Do it the right way.

Obviously, we’re not a law firm and we can’t offer legal advice. So if you’re really nervous about the emails you’re sending out, you should probably have an attorney take a look. But in our opinion, if you’re having a hard time deciding if your email campaigns are Spam, they probably are.

If you really want to learn more about the entire act and all its consequences, check out the FTC’s Compliance Guide for Business. Also, don’t forget that the laws regarding this matter are subject to change, so if Congress passes another act, or if the FTC (the regulating body in charge of enforcing the law) changes or strengthens the rules as they did in 2008, you’ve got to keep up. Oh yeah, if you’re a consumer that’s battling Spam and you want to do something about it, you can report it here.

One final note: this legislation only applies within the USA. Other countries (Europe, especially) have far more stringent anti-Spam laws that go much further and impose higher penalties for infractions. So if you’re based outside of the USA or are sending emails all over the world, you may want to check out the laws in other countries. We suggest you start by visiting www.Spamlaws.com. Good luck, happy emailing, and stay away from the Spam! Stay connected through on blog for information on Internet Marketing, Colorado Springs Search Engine Optimization, and Social Media!

 

About the Author

Loading...
Michael Hodgdon Chief Operations Officer
Michael Hodgdon
Chief Operations Officer

Mike is the COO at Infront Webworks. An online entrepreneur since 1997, he has owned or run website design / SEO, online marketing and internet advertising companies for over 15 years. Featured in Entrepreneur Magazine, Colorado Springs Business Journal and with projects featured in N.Y. Times, L.A. Times, he has a solid track record of successful online undertakings. He has Digital Marketing and Marketing certifications from Cornell University, is a certified Yext Partner, Google Certified in Analytics, Tag Manager, AdWords, Online Display Advertising, Shopping and Video Advertising.

Search

Categories

Featured Posts

What is Chat GPT?
Mike Hodgdon Mon, 03 Apr 2023

Introduction to Chat GPT In the ever-evolving landscape of artificial intelligence (AI), one term that frequently surfaces is ‘Chat GPT’. But what exactly does it

Read More
How to Become a Google Partner and the Google Partners Program
Mike Hodgdon Thu, 02 Mar 2023

Introduction to Google Partners Program 2023 Ever landed on a webpage and found yourself intrigued by an impressive Google Partner badge? Allow us to enlighten

Read More
Artificial Intelligence in SEO: Uses, Impacts, and Pitfalls
Mike Hodgdon Wed, 22 Feb 2023

Artificial intelligence (AI) is transforming almost every industry, including content marketing and search engine optimization (SEO). A 2021 report by the American Marketing Association in

Read More
How To Recover from Google’s May 2022 Algorithm Update
Mike Hodgdon Tue, 20 Dec 2022

Getting on the first page of Google is an investment that brings invaluable returns. So, it’s no wonder that every time Google releases a new

Read More
How To Optimize for Google’s Free Shopping Carousel
Mike Hodgdon Tue, 01 Nov 2022

Where do you think most searchers go when looking for something to buy online? If you thought the answer was search engines like Google, you’re

Read More
Google Business Profile Ownership Request Email Scam
Mike Hodgdon Thu, 20 Oct 2022

Have you recently started receiving emails from Google letting you know that someone is trying to claim ownership of your Google Business Profile (Formerly Google

Read More
Talk with a local rep: Boulder SEO | Colorado Springs SEO | Denver SEO | Irvine SEO | Las Vegas SEO | Madison SEO | Tempe SEO

Infront Webworks

5350 Tomah Dr #2800
Colorado Springs, CO 80918


Follow Us

Facebook-f Twitter Instagram Linkedin Youtube Rss

HAVE QUESTIONS OR NEED HELP?

SALES: (719) 577-4404 SUPPORT: (719) 359-5540 BILLING: (719) 577-4404 FAX: (719) 630-7073
Open a Support Ticket
© Infront Webworks 2022

Terms of Service | Privacy Policy | Jobs | Company | The Team | HTML Sitemap | XML Sitemap