Though
primarily targeted at virulent bulk email senders, the CAN-SPAM
Act of 2003 does have some requirements that all email marketers
should comply with.
Here
is a checklist to make sure you are set. Keep in mind, however,
that this does not constitute legal advice, and you may want to
confirm specifics with your legal counsel if you have any doubts.
1.
Make sure you have a valid "from" address. Don't make
one up. Spammers commonly cloak this address or use someone elses
to hide themselves.
2.
Make sure your valid physical address is posted somewhere on your
email template.
3.
Do not use false email headers or open relays. These are technical
means to cloak the true original sender in the email transcripts.
4.
Do not use false or misleading subject or sender lines.
5.
If your email list is not opt-in or double opt-in, then you are
required to specifically state in your email that it is of an advertising
nature. (Apokrisis recommends double opt-in for email marketing
programs.)
6.
Include a "clear and conspicuous" unsubscribe method in
your email. (Apokrisis recommends a link to an unsubscribe page
as well as simply being able to reply to the email.)
7.
All unsubscribe requests, whether received via email, post, or phone,
must be completed within 10 days. If you are using multiple lists,
be sure you have a process in place to make this happen.
8.
You may not share an unsubscribed person's email with any third
party seeking to contact them via email.
9.
Do not harvest emails from the Internet or use auto-generated emails.(Two
notorious methods used by spammers to obtain addresses.)
10.
There are also specific provisions for sending email with sexual
content. The primary requirement is that it is specifically stated
right in the subject line that it is of a sexual nature. Detailed
information on that can be found in CAN-SPAM
literature at the Spam Laws website.
11.
If you do share your email list with a third party for some reason,
you will be required to provide recipients, "clear and conspicuous
notice at the time the consent was communicated" (section 3(1)).
If
you are sending emails in-house, it is worth some time sitting down
with your staff and reviewing these requirements to make sure everyone
is on the same page. If you are using and agency, be sure to check
with them and have them show clearly that they are complying with
the new regulations.
More
info:
Jeanne
Jennings has written an excellent
article on her take on the overall impact of the law on email
marketers both now and in the future.
|
