So now that you've got your privacy policy and terms and conditions posted on your website (see our last blog: 10/15/15) and have an email list that’s growing, you need to make sure that you comply with the CAN-SPAM ACT (Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003). You got it – another set of rules. These are the rules that regulate all of those crazy ads and unwanted emails from businesses, some of which you can't even remember registering with, and possibly didn't.
The CAN-SPAM Act regulates emails that your business sends out. And, believe it or not, each separate email that violates the Act could subject you to penalties of up to $16K - pretty hefty!
To keep that money in your business and your pocket, here is a short rundown of the 7 most important requirements that you need to be aware of:
1. You can't use false or misleading header information. What that means is that you need to accurately identify who the email is FROM and TO whom and the person or business that sent the email must be accurately identified.
2. You can't use deceptive subject lines. Don't use some sexy, catchy phrase to get people to open your mail and find out that you're selling pencils. Not cool!
3. Identify the message as an ad. If your email is an ad, you have to identify it as such and it must be done conspicuously.
4. Tell the recipient where your business is located. You need to tell the recipient where you are located so include your valid physical address that's registered with the U.S. Postal Service, or a private mailbox registered with a commercial mail receiving company that complies with Postal Service regulations.
5. You must show email recipients how to opt out of future emails from you. The message needs to be clear, conspicuous and really easy to understand. You'll want to make sure your spam filter doesn't block these opt-out requests, too.
6. Honor opt-outs promptly. Make sure you take the opt-out request seriously and do so within 10 business days. You aren't allowed to charge a fee or provide any other personal information beyond an email address or make them jump through hoops to opt-out.
7. Monitor those sending emails on your behalf. If you’ve outsourced your email marketing, make sure you know what that company is doing. You're still on the hook if the company you've hired doesn't comply with the Act.
Make sure you are in compliance with these rules, and don’t spam your potential or existing clients. Nobody likes JUNK mail! For more information on how to avoid these traps, call us at 703.319.7868 or book a strategy session by going to www.graceleelaw.com.