While it’s name is funny, the CAN-SPAM Act isn’t a joke for US businesses and consumers. Passed in 2003, the CAN-SPAM Act requires the Federal Communications Commission (FCC) to create rules and regulations that act as consumer protection for emails from businesses. Enforced by the Federal Trade Commission (FTC), it’s purpose is described as “...establishes requirements for commercial messages, gives recipients the right to have you stop emailing them, and spells out tough penalties for violations.” An important detail to note: This congressional act specifically regulates email but not other forms of digital marketing such as SMS and MMS campaigns.
Consumers receive seven protections against predatory email marketing tactics thanks to the CAN-SPAM Act:
(1) Protection from false or misleading header information.
This protection is about email details such as the “From,” “To,” and “Reply-To” information. Additionally, it covers the routing information (originating domain name and email address).
Businesses must accurately identify the individual or organization that sends the message. Common examples of this include:
PK Information
Justin Ruzinok
Justin Ruzinok from PK Information
Justin at PK Information
There is allowance for someone to send an email on behalf of a different person in the organization under their name (a common occurrence when you receive correspondences that say they’re from the CEO or other major decision maker for the business), but that’s covered by point seven, protection from delegated responsibilities.
(2) Protection from deceptive subject lines.
Email subject lines must accurately represent the content in the message. They don’t have to communicate everything within the email, but what they do include needs to be relevant and related to it.
(3) Protection from undisclosed advertisements.
If your email is (or partially contains) an advertisement, that needs to be clearly disclosed to the reader so they are aware of this.
(4) Protection from unknown locations.
As odd as it may sound, you are required to disclose your mailing address. It doesn’t have to be your physical address and can be a P.O. Box instead, but it must be included. This is commonly seen in the footer area of emails.
(5) Protection from undesired email communications.
Every email must contain the ability for the recipient to opt out from future communications. It must be readily available and easy to read. If you send a variety of email types (marketing, product updates, press releases, etc.) you can provide users with a menu to select which type of emails to stop, but it must be accessible and include the ability to stop all commercial messages. Furthermore, recipients must have a digital way to opt out (webpage or email address) and you must ensure that the opt out functionality works on your end.
(6) Protection from slow implementation.
Not only do consumers have the right to opt-out, but that request must be processed and honored by your organization within a timely manner--no more than 10 business days after the opt-out request has been submitted. When you send an email with opt-out options available (generally seen in the email footer), those opt-out options must be working and processions for 30 days after the message is sent.
Users cannot be required to jump through hoops or provide information to opt-out. Additionally, you can’t sell or transfer their email address unless you’re transferring it to a company that you’ve hired to help you comply with this legislation.
(7) Protection from delegated responsibilities.
You may have in-house marketing personnel, hire a freelancer as needed, or use an outside marketing agency. All of these are fine--but the law must still be followed. To quote the FTC, “You can’t contract away your legal responsibility to comply with the law.” If you hire an organization to send email marketing on your behalf, both companies may be liable if they break the law on your behalf (accidental or intentional).
The CAN-SPAM Act is a power piece of legislation to protect consumers in our modern digital age. If you work in or around business marketing and advertising, it’s important to understand how it works and to ensure that your efforts comply with the law.
PK Information is a FileMaker-certified development agency serving the Tampa Bay, Miami Lakes, and Knoxville regions. We believe software should work the way you do, with business priorities first and technology second.
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