With the relatively recent enactment of the CAN-SPAM law, many have felt a bit befuddled by what the law actually signifies and what it means for email marketing strategies. The idea of spam is one that is inherently unappetizing and confusing (and yes, we can’t help ourselves but smirk at how beautifully named the Can o’Spam…rather the CAN-SPAM Act is, but allow us to continue in all seriousness).
Some of the confusion around the law is simply derived from its title—most people think it serves to can spam (as in put a lid on). However, it actually means is that businesses are free to spam as long as they are following the rules of the CAN-SPAM law. While it might seem a little weird that a law is passed merely to state that, yes, in fact, you can spam people, but in essence that is exactly what it states.
So, let’s try to cut through the confusion.
CAN-SPAM: The Main Points
- Deceptive subject lines are prohibited
- Misleading or outright false header information is banned
- Commercial emails require explicit identification as an advertisement and must include the sender’s valid physical postal address
- Recipients must be given an opt-out method
It’s been proven that most companies or individuals who spam are deliberately trying to deceive recipients, can’t provide legitimate physical mailing addresses and don’t honor unsubscribe requests. In fact, there have already been prosecutions under the law.
Though theoretically as long as you let people unsubscribe, have a physical address of some sort, and don’t use deceptive information, under the CAN-SPAM law you could buy a list, harvest email addresses, steal email addresses from others, or do whatever shady dealings you need to do in order to collect email addresses. However, simply complying with CAN-SPAM laws can’t protect you from having your company’s credibility shot by being labeled as spammer, your website shutdown by your provider, or getting black listed by major search engines.
So how do you go about building your email list ethically while also complying with federal law? Simply by using good sense and focusing on the integrity of your company’s messaging and content is always the surest way to stay on track and gain a healthy following. Be sure to provide an easy way for visitors to subscribe directly from your website, provide great content so people will refer your email marketing messages to others, and exchange business cards via networking. When networking, always make sure to ask for a business card when you meet someone. Most people have their email address on their card. If they give you their business card, it’s an invitation to contact them as long as you comply with CAN-SPAM.
And that sounds pretty appetizing after all!
DISCLAIMER: We here at The Found Gen are not lawyers so this post should not be considered legal advice. Refer to the links in this post for more thorough information on the CAN-SPAM laws.