Tuesday, April 30, 2013

Quick Tip - CAN-SPAM

As reported in the 2013 Membership Marketing Benchmarking Report, to be released in May, e-mail is one of the Top Three tools used to drive awareness and engagement of members and prospects. To that point, I wanted to share some insight which just came across my desk from our e-Biz group on the CAN-SPAM Act of 2003.

First...What is Spam? The word "Spam" as applied to Email means "Unsolicited Bulk Email".

“Unsolicited” means that the Recipient has not granted verifiable
permission for the message to be sent.

“Bulk” means that the message is sent to a list of people, as part of a larger collection
of messages, all having substantively identical content.

A message is Spam only if it is both Unsolicited and Bulk.

What is CAN-SPAM and what are its main requirements?

The CAN-SPAM Act of 2003 is an acronym which stands for: Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003.

The act, which became law on January 1, 2004, was the United State's first attempt at a national regulation for the sending of commercial email.

The CAN-SPAM Act establishes requirements for all commercial messages, gives recipients the right to have you stop emailing them, and spells out tough penalties for violations. The law applies to both B2B and B2C emails.
If you’re sending commercial email, you will want to be very familiar with CAN-SPAM’s main requirements:

• Never use deceptive headers, from-names, reply-tos, or subject lines.

• You must always provide an unsubscribe link.

• Remove recipients from your list within ten business days.

• The unsubscribe link must work for at least 30 days after sending.

• You must include your physical mailing address.

And here's the kicker...If you violate the law, you could be fined $11,000 for each offense.

Obviously I'm not a lawyer. So when in doubt, lawyer up and get proper advice.

Thanks for reading.  If you have any questions please feel free to contact me.

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