The CAN SPAM Act

The thing to do in marketing these days is move online. Every year, more and more businesses are launching websites and turning from expensive paper mail campaigns to cheaper email advertising. Customers, for their part, have gotten increasingly frustrated with the amount of junk in their inboxes, and Congress has listened. Before you click that send button, make sure you are aware of the CAN-SPAM Act of 2003.

The CAN-SPAM Act cracks down on three main areas where advertisers need to take some precautions: (a) using misleading headers and subject lines; (b) failing to give recipients an opt-out from further emails; and (c) failing to properly label adult content. Advertisers who skimp in these areas could face fines in the thousands of dollars.

Misleading headers – All advertising emails need to be clear where they come from and what they are. If the email address listed in the “sent by” line is not a valid return address, the email needs to prominently display who sent the message. Likewise, the subject of an email needs to specify that it is an advertisement. Acceptable titles would be something like “Bob’s Shoe Store Fall Catalogue” and “Check out our Valentine’s Day sale!” If the subject does not indicate that the email is an advertisement, it needs to include the word ‘advertisement,’ such as “Call me right away! (Advertisement)”

No Opt-Outs – Advertisers also have to be clear about how recipients can stop receiving future emails from the same source. Advertisement emails need to provide a simple method for opt-out requests, which usually means either providing a link or a “remove me” email address that will permanently remove the sender from any mailing lists. Also, the Act requires senders to include their postal address (the non-electronic type) along with their email address in each email.

Adult Content – In addition to the general restrictions on advertising materials, emails containing adult content need to have extra precautions against being seen by children or others who may not want to see such content. The key to this is labeling – the subject should indicate that the message contains adult content, and the message itself should be “shrink wrapped” so that viewers understand what they are about to view before any images come up. While these rules apply mainly to pornographic content, I caution clients in industries like health spas and underwear to be careful in case their ads offend the wrong person.

The CAN SPAM Act gives advertisers a lot of leeway to market their products. But pushing the envelope too far can lead to heavy fines. If you keep your marketing honest and open, you should stay clear of any legal problems. Feel free to call us to check your marketing plan's compliance.