Emailing Your Customers? The Eight CAN-SPAM Rules in Plain English
A coach finishes a good year and decides to email past clients about a holiday offer. He writes it in ten minutes, hits send, and only later wonders whether there was a rule he forgot.
There is one, and it applies to small businesses too. The FTC's compliance guide for the CAN-SPAM Act lists eight requirements for commercial email.
The eight requirements
- Accurate headers. The From, To, Reply-To and routing information must be truthful and identify who sent the message.
- A subject line that matches the content. No misleading teasers.
- Disclose that it is an ad. The message must clearly say so when it is one.
- A valid postal address. Include where your business can be reached.
- Explain how to opt out. A working reply address or an internet-based way to stop receiving your marketing emails.
- Keep the opt-outs you collect. Subscribers and members keep the right to unsubscribe.
- Honor opt-outs quickly. The FTC says within 10 business days.
- Watch what others send for you. You cannot contract the responsibility away, even if another company sends the email on your behalf.
Two points that surprise people
- The FTC states that the law makes no exception for business-to-business email.
- Transactional messages, such as a receipt or an order update, are generally exempt from most provisions. They still must not carry false or misleading routing information.
The penalty is up to $53,088 for each separate violating email, according to the FTC page. That is a reason to take the checklist seriously.
A quick checklist before you send
- Is the sender name your real business name?
- Would the subject line still make sense after someone reads the email?
- Does the email say it is an offer or ad?
- Is your postal address at the bottom?
- Can someone opt out in one step?
- Do you have a note of who opted out and when?
Where Edwin fits
Edwin, a digital assistant, can prepare a draft in your tone and remind you to run through this checklist. He does not give legal advice, he always says he is an AI, and he never sends an email without your approval.