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CAN-SPAM

CAN-SPAM

CAN-SPAM is an acronym for Controlling the Assault of Non-Solicited Pornography and Marketing Act, a law passed by the United States Congress in 2003 to establish requirements for commercial email messages. The law sets standards for sending commercial emails and gives recipients the right to have a company stop emailing them.

TL;DR What is CAN-SPAM?

CAN-SPAM is a law that sets standards for commercial email messages and gives recipients the right to have a company stop emailing them.

Importance

CAN-SPAM is essential in marketing because it helps regulate commercial email messages and protect consumers from unwanted or fraudulent emails. The law establishes guidelines for commercial email messages, including using accurate subject lines, clear identification of the sender, and an opt-out mechanism for recipients. Businesses can build trust with their email subscribers and avoid legal repercussions by complying with the CAN-SPAM requirements.

Examples/Use Cases

  • A company sends a promotional email to a list of subscribers who have opted-in to receive emails. The email includes a clear and accurate subject line, identifies the sender, consists of a physical address, and provides an easy way for recipients to unsubscribe. This email is compliant with the CAN-SPAM requirements.
  • A company sends an unsolicited email to a list of email addresses purchased from a third-party provider. The email contains a misleading subject line, does not provide a straightforward way to unsubscribe, and includes false information about the sender. This email is not compliant with the CAN-SPAM requirements.

Category

  • Email Marketing
  • Digital Marketing
  • Advertising
  • Law and Regulations
  • Consumer Protection

Synonyms/Acronyms

Synonyms

  • CAN-SPAM Act
  • Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003

Acronyms

  • N/a

Key Components/Features

  • Accurate subject lines
  • Clear identification of the sender
  • Inclusion of a physical address
  • Provision of an opt-out mechanism for recipients
  • Prohibition of misleading or false information

Related Terms

  • Email Marketing
  • Spam
  • Unsolicited Commercial Email
  • Opt-In
  • Opt-Out

Tips/Best Practices

  1. Only send commercial email messages to recipients who have opted-in to receive them.
  2. Use accurate subject lines that reflect the content of the email
  3. Identify the sender and provide contact information, including a physical address
  4. Provide an easy way for recipients to opt out of future emails
  5. Monitor compliance with the CAN-SPAM requirements on an ongoing basis

Further Reading/Resources

  • FTC: CAN-SPAM Act: A Compliance Guide for Business
  • U.S. Government Publishing Office: Text of the CAN-SPAM Act

FAQs

What is the purpose of CAN-SPAM?

CAN-SPAM aims to regulate commercial email messages and protect consumers from unwanted or fraudulent emails. The law sets standards for sending commercial emails, including using accurate subject lines, clear sender identification, and an opt-out mechanism for recipients.

Who does CAN-SPAM apply?

CAN-SPAM applies to anyone who sends commercial email messages. This includes businesses, non-profit organizations, and individuals who send promotional emails to promote a product or service.

What are the consequences of violating CAN-SPAM?

Violating CAN-SPAM can result in significant penalties, including fines of up to $42,530 per violation. Additionally, companies that violate CAN-SPAM can face damage to their reputation and loss of trust from their email subscribers.

How can I ensure compliance with CAN-SPAM?

To ensure compliance with CAN-SPAM, businesses should follow the guidelines outlined in the law, including using accurate subject lines, clearly identifying the sender, including a physical address, and providing an easy way for recipients to opt out of future emails. Businesses should also monitor compliance on an ongoing basis and take corrective action if necessary.

Can I send commercial emails to people who have not opted-in to receive them?

No, businesses should only send commercial emails to recipients who have opted-in to receive them. Sending unsolicited emails is not only illegal under CAN-SPAM, but it can also harm a business’s reputation and lead to decreased engagement and conversions.

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