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CAN-SPAM

If you’ve ever hit “send” on a marketing email and wondered what rules you might be breaking, the CAN-SPAM Act is one of the key laws you should know.

CAN-SPAM stands for “Controlling the Assault of Non-Solicited Pornography and Marketing.” It’s not the catchiest name, but it’s an essential piece of legislation nonetheless. A US law was passed in 2003 to set basic rules for commercial email. Most of all, it aims to give recipients the right to say “No thanks” to marketing messages and back that up with real legal consequences if businesses don’t listen.

At its heart, CAN-SPAM is about building trust in email communication. It tries to draw a line between businesses doing responsible digital marketing and those sending shady, misleading, or outright spammy emails.

To stay compliant with CAN-SPAM, there are some key things you must do:

  • Use clear, honest subject lines. You can’t promise a discount without one, or use misleading language to trick people into clicking. For example, saying “Your account has been updated” when you’re just promoting a webinar; that’s a no-go.
  • When relevant, identify the email as an ad. You don’t have to shout “THIS IS AN AD” in bold caps, but there should be no confusion that this is marketing content.
  • Include your physical postal address.
  • Give recipients an easy, straightforward way to unsubscribe.
  • Don’t hide who you are. Your “From,” “To,” and “Reply-To” fields must be accurate.
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