What is the CAN-SPAM Act, and how does it relate to email marketing?

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The CAN-SPAM Act is federal regulation enacted in 2003 that regulates commercial email otherwise known as spam. It prescribes rules for commercial email, requirements for commercial messages, and a recipient's right to have you stop emailing them. But what does it mean to the email marketer, and how can you make sure you comply?

Understanding the CAN-SPAM Act
The CAN-SPAM Act covers all commercial emails, B2B emails included, which are sent out. For an email to be considered one of a commercial nature according to the Act, a number of criteria should be met including but not limited to:
identification of the sender
The sender of the email must clearly and transparently identify himself with a valid physical address and a subject line that must be clearly stated.

an opt-out mechanism
It should also be clearly and readily Buy Email Database List available for the addressees to opt out of future emails.
truthful subject lines and content
The subject line and content also must be truthful and not be misleading in regard to what is in the body of the email.



opt-out requests
The sender must honor opt-out requests within 10 business days.  The sender can't charge a fee nor request additional information from the recipient.
What are the Penalties for Non-Compliance?
Those who don't comply with the CAN-SPAM Act will face severe penalties that include:

fines as high as $42,530
Non-compliant senders are fined up to $42,530 for each violation.
legal consequences

The FTC, along with other agencies, can sue a non-compliant sender.
reputation hit
Non-compliance will impact your brand and erode the confidence of your customers.
optimal Practices for Compliance With Email Marketing Laws

The CAN-SPAM Act also conditions email marketers to always clearly identify themselves by doing the following: clearly identify themselves in the "from" line, and include a valid physical address. Provide an option to opt-out by: Clearly and conspicuously provide a method for recipients to opt out of future emails.

BE HONEST AND TRANSPARENT
Be honest and transparent in subject lines and content; do not send misleading or deceptive emails.
Knowing the CAN-SPAM Act and best practices, email marketers will understand precisely how to stay within the confinements of the law and retain a sense of trust in their customers.