August 28, 2020 Vanessa Niragira
What is CAN-SPAM and why should you care? We’re so glad you asked! Formally it is Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003. Informally it’s a US law that protects consumers from being bombarded with advertisements that pretend to be information. As well, it protects US citizens from continuing to be emailed by a brand or company of whom you’ve unsubscribed from. This can also come into play when a US company emails a consumer in any other country, they would also have to think about whatever laws are in said country (ex. Canada’s Anti-Spam Legislation).
No matter the type of campaign, whether it be a contest, sweepstakes, product launch, etc., you will be using email to help push your message; and we want to make sure you follow a few golden rules. These golden rules help keep your brand transparent and responsive.
- Are You Using False or Misleading Header Information? – Your business email must clearly and accurately identify the brand that’s contacting the recipient.
- Are Your Subject Lines Deceptive? – Your subject line must accurately reflect what’s in the email.
- Are You Identifying That This Email Is An AD? – Much like influencer advertising, the email must also let your recipients know this is in fact an advertisement. One way of doing this is to add the word “Sponsored” in the first line subheader.
- Are You Telling Your Recipients Where You’re Located? – You must have a physical location somewhere in the email, you can also use a P.O box or Private Mailbox.
- Are You Telling/Showing Recipients How To Opt-Out Of Future Emails? – Your email needs to have a clear explanation of how to opt-out of future emails if they so desire.
- Are You Honouring Your Opt-Out Requests? – Piggybacking off of opting out of emails, once a recipient has chosen to no longer receive emails from your brand, you must honour it and remove the opt-outs from your list in a timely manner.
- Are You Monitoring What Others Are Doing On Your Behalf? – You might be outsourcing your email marketing to multiple agencies, freelancers, or what have you, but be sure to keep an eye on what they’re producing and sending out on your behalf. In the event that they make a mistake, it’s your company that will face the punishment.
Want to learn more about email marketing? Find out if you’re Emailing Too Much! Think you’ve got email covered but want to learn more to help enhance your brand? Find out what ShopLoop is and how it can help your business!
Vanessa Niragira, Oakville, Ontario, Aug 2020
Additional Resources
https://www.forbes.com/sites/forbesagencycouncil/2018/06/06/is-your-email-marketing-compliant-with-the-can-spam-act/#741f0dd532d0
https://www.ftc.gov/enforcement/statutes/controlling-assault-non-solicited-pornography-marketing-act-2003-can-spam-act
Vanessa Niragira, August 2020
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