CAN-SPAM Regulations

Email Marketing That is Regulatory Compliant
(from Informz, www.informz.com)

CAN-SPAM regulatory compliance is vitally important to the success of your organization's email marketing communications.

Informz is dedicated to providing your association, nonprofit or member organization with a reliable email marketing program and supporting services that comply to the CAN-SPAM Act, so your email communications achieve their full potential in the scope of your communications strategy.

CAN-SPAM Compliant Email Marketing Campaigns

The rules and laws governing email are ever-changing. Our ISP Relations Team reliably monitors, evaluates, studies and contributes to the latest in email regulations and best practices worldwide.

What is the CAN-SPAM Act?

The CAN-SPAM Act is designed to establish requirements for commercial email messages, enable email recipients  to stop you from sending them unwanted emails, and outlines tough penalties for violations of this email law.

How Informz Email Marketing Platform Complies With 4 Major Points of CAN-SPAM Act:

  • Discourage the use of false or misleading email headers.
  • Educate our clients to help prevent use of deceptive subject lines in emails.
  • Provide clear and conspicuous opt-out mechanisms in every email campaign and newsletter.
  • Integrate a valid physical postal address in every email or newsletter you send.

Penalties For Violating the CAN-SPAM Act

The CAN-SPAM Act outlines strict penalties for violators. Violators of the CAN-SPAM Act may be subject to "cease and desist" orders or penalties from the FTC (Federal Trade Commission) of up to $16,000 per violation.

In the case of egregious offenders, criminal prosecution is also possible, which can also result in penalties such as fines, forfeiture of equipment and proceeds. The worst offenders of the CAN-SPAM Act can also be subject to prison time.

 


10 Point CAN-SPAM Checklist (basic)

  • Don't use fraudulent transmission data, such as open relays and false headers (sections 4(a), 5(a)(1), and 6).
  • Don't use misleading sender or subject lines (section 5(a)(1) and 5(a)(2)).
  • Add your postal address to all email (section 5(a)(3) and 5(a)(5)(A)(iii)).
  • If your email list isn't opt-in or double opt-in ("prior affirmative consent"), include a clear notice that states the email is an advertisement or solicitation in commercial messages (section 5(a)(5)(A)(i)). If your list is opt-in or double opt-in, you're exempt from this provision.
  • Include a "clear and conspicuous" unsubscribe mechanism in every email (section 5(a)(5)(A)(ii)).
  • Have a process for handling unsubscribes within the 10-day window. Ensure this is in place electronically, as well as for unsubscribes received via postal mail (and any other contact information you include in the email, such as phone and fax) (section 5(a)(4)).
  • Offer recipients a way to receive some types of email from you while blocking others, along with a "global unsubscribe" option to stop all future email from your organization (section 5(a)(3)(B)).
  • Don't share the address of a person who unsubscribed with any other entity seeking to send that party email (section 5(a)(4)).
  • Don't harvest email addresses or use automated means to randomly generate addresses (section 5(b)(1)).
  • Remove any sexually oriented material from your messages. The law requires such material be readily identified in the subject line. When "initially viewed," the message body should include only instructions on how to access the sexually oriented material, as well as your postal address, a notice the message is an advertisement or a solicitation, and a working unsubscribe mechanism (section 5(d)(1)). You can ignore this if the message is sent to someone who opted in (section 5(d)(2)).

 

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