As long as you’re not living under a rock and actually use the Internet and e-mail (and if you didn’t you wouldn’t be reading this!) you have fallen victim to SPAM. It is the equivalent of Junk Mail in your mailbox but worse — it comes in droves. What’s worse is that for people using e-mail for marketing, you need to be worried about your valid e-mails being irretrievably lost in someone’s SPAM bin, being blocked, or being labeled as a spammer yourself.
The CAN-SPAM Act was passed into Federal Law in 2003 for the following purpose:
To regulate interstate commerce by imposing limitations and penalties on the transmission of unsolicited commercial electronic mail via the Internet.
Meaning, there was now a way to define and penalize those who engage in spam activities.
So, what does that mean for you using e-mail as a valid marketing tool? After all, you’re not harvesting e-mail addresses, sending bogus claims, or sending unsolicited junk. (I hope!) How can you make sure you are in compliance?
The CAN-SPAM implications are one of my favorite reasons for recommending everyone sending e-mail newsletters use a professional system. They are set up to comply with CAN-SPAM and all the opt-in requirements. It makes it easy for you to ensure you are in compliance and prove so in the event there is a dispute.
One of my preferred e-mail broadcasting and autoresponder systems is Aweber. They have a great little FAQ entitled “What is the CAN-SPAM Act?”.
In it they excerpt this important piece from the regulation:
According to CAN-SPAM, all email messages must:
- Offer a method for the recipient to opt-out (unsubscribe).
- Contain the sender’s valid physical postal address.
With a professional newsletter system these two requirements are automatically handled for you. After all, if you are sending something out of your e-mail client (i.e. Outlook) the recipients do not have these options, so technically you are in violation of the act simply by e-mailing people in bulk who have not explicitly given you permission (even if they have chances are you only have a piece of paper or verbal record) who don’t have an easy way to unsubscribe.
You can get the full details on CAN-SPAM at the Federal Trade Commission site.
For simplicity sake, just know that this law applies to you and all your e-mail marketing as well. You are required to ensure you are in compliance and the easiest way to do it is to find a provider you like (I can recommend several) and spend the small fee to ensure piece of mind for you and your business.
Photo Credit: Flickr




Recent Comments