With the increased rate of unemployment in most parts of the world, many people have turned to business as a way of earning income in their lives. Just like in any other sector, there are many business people who engage in ethical or legal activities, while others engage in unethical activities.
This calls for a need to set laws that guide how both small and large business are operated. One such law is the CAN-SPAM Act, which is an Act that provides the rules that businesses should follow when it comes to emailing. The law offers the recipients of the commercial emails the right to stop you from sending them emails and gives tough penalties if you violate it.
Complying With the CAN-SPAM Act
It is worth noting that despite the name CAN-SPAM, it does not only apply to bulk email, but covers all other commercial messages that are sent electronically with the sole purpose of promotion and advertising of commercial services and products. This includes emails that are sent to market content of commercial sites. There is no exception of business to business email according to this law. This means that all emails you send, for instance, informing former customers of a new product, adhere to this law. Below are some of the requirements you need to follow in order to be compliant.
Never use header information that is misleading. This means the information found in the From, To, Reply-To and routing information must always be accurate and identify the business or person whom initiated the message.
When sending email do not use misleading titles. The subject line should describe the content of your message accurately.
You must identify your message as an advert. You are given an option how this should be done. However, you must disclose that your intended purpose is to make an advertisement in your message.
Disclose your location to the recipients. The message must contain a correct physical postal address. The address can be a post office box or street address that your small business is registered with.
Show the recipients how to stop receiving your emails in the future. Your message should have a section where it shows your recipients how to stop receiving your email if they no longer need them. Create the opt-out notice in a simple way that anybody can recognize and understand. Always ensure that your spam filter does not create problems when recipients want to opt out. Whenever a recipient opts out of receiving your messages, honor that request promptly. You are required to honor the opt-out requests within ten business days. You are not required to request any other information except an email address from the recipient as a requirement for honoring the opt-out request.
It is always advisable to follow the CAN-SPAM Act because any violation can be very costly to your small business. At Gutglass, Erickson, Bonville & Larson, we understand the challenges of dealing with legal issues for your business and we are here to help. Give us a call and we will be happy to answer all your questions. Call us today at (414) 273-1144.
