2011
CAN-SPAM, Are you following the rules?
When planning your email marketing campaign make sure that you are following CAN-SPAM regulations as part of your strategy. Most email marketing companies require CAN-SPAM compliance in order for you to use their services.
You can find details about CAN-SPAM here. In essence it lays out guidelines for commercial emails, which it defines as “any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service (including content on an Internet website operated for a commercial purpose.” The FTC, which is tasked with enforcing the act, approved new provisions in 2008.
Although it protects recipents from unsolicited commercial mail, it has been criticized for not being strict enough, and preventing individuals from suiing companies they receive spam from, among other things. It has also been criticized by some for overriding state regualtion of electronic mail.
“This chapter supersedes any statute, regulation, or rule of a State or political subdivision of a State that expressly regulates the use of electronic mail to send commercial messages, except to the extent that any such statute, regulation, or rule prohibits falsity or deception in any portion of a commercial electronic mail message or information attached thereto.”
The upside to email marketers is that there are very clear rules to follow, and it’s easy fairly easy to stay within the bounds of legality. The better news? You don’t need to worry about different laws for every state when creating your campaigns, which is definitely a plus.