CAN-SPAM Act Compliance

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Legal Requirements for Email Marketing

Quality email marketing campaigns can be the cornerstone of any business. However, there are many legal requirements for email marketing that you need to follow in order to stay compliant. The most recognizable email solicitation law is the CAN-SPAM Act, and if you run afoul of its regulations, your company could be facing some severe penalties.

At Terkanian Law, our team has worked with dozens of businesses in their email marketing efforts to avoid legal complications and stay CAN-SPAM compliant.


What Constitutes Spam?

Spam is the act of sending out large quantities of unsolicited, inappropriate, and/or irrelevant email to users, indiscriminately, without their permission. While the act of sending spam by itself isn’t necessarily a violation of the CAN-SPAM Act, the CAN-SPAM Act rules require that any solicitation and sending of commercial email must follow the Act’s guidelines.


What is the CAN-SPAM Act?

Simply put, the CAN-SPAM Act was enacted to lay out commercial email solicitation laws that protect users from bulk, unsolicited mail. Prior to the CAN-SPAM Act, nefarious email marketers would send thousands – if not millions – of unsolicited email to illegally obtained mailing lists, thereby flooding email boxes with spam. The Act set up mass email laws, which require, among other things, legitimate information within the email itself, including sender identification, opt-out links, and genuine subject lines. Failure to abide by the CAN-SPAM Act can result in serious fines, upwards of $40,000 per violation.


Does the CAN-SPAM Act Apply to My Business?

Most people think that the CAN-SPAM Act only applies to spammers. In reality, CAN-SPAM likely applies to your everyday business as well. If you send out bulk email, even if it’s to a legitimately obtained email list, you may still be subject to CAN-SPAM. The general rule is to ask yourself if the primary purpose of the email is to send commercial content. If the answer is yes, then the CAN-SPAM Act likely applies to your business.

Our staff has experience in working with the CAN-SPAM Act (among other email laws and guidelines), and we help our clients stay CAN-SPAM compliant, and avoid fines for failing to do so. Call us today and show us an example of the type of mail you’re sending; then let’s see if you’re properly following anti spamming laws and email regulations.

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