The CAN-SPAM Act is to determine using regulations the purpose and application of an electronic mail message and applies almost exclusively to “commercial electronic mail messages”.
The law defines commercial electronic mail messages as “any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service", this can include promoting content on a commercial website.
Here is a basic summary of the most important aspects of the CAN-SPAM Act:
1. Don’t use false or misleading header information. Your “From,” “To,” “Reply-To,” and routing information – including the originating domain name and email address – must be accurate and identify the person or business who initiated the message.
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- We make this easy to accomplish in CI, check out this article for more info on From and Reply To Address:
From Address – Critical Impact
- We make this easy to accomplish in CI, check out this article for more info on From and Reply To Address:
2. Don’t use deceptive subject lines.
The subject line must accurately reflect the content of the message.
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- Figuring out your subject line? Take a look at this article concerning our best subject practices:
SPAM Subject Words to Avoid – Critical Impact
- Figuring out your subject line? Take a look at this article concerning our best subject practices:
3. Identify the message as an ad.
The law gives you a lot of leeway in how to do this, but you must disclose clearly and conspicuously that your message is an advertisement.
4. Tell recipients where you’re located.
Your message must include your valid physical postal address. This can be your current street address, a post office box you’ve registered with the U.S. Postal Service, or a private mailbox you’ve registered with a commercial mail receiving agency established under Postal Service regulations.
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- If change physical locations, you need to update your physical address. Make sure to go to Account Preferences. Take a look at this article for the location:
Edit Account Preferences – Critical Impact
- If change physical locations, you need to update your physical address. Make sure to go to Account Preferences. Take a look at this article for the location:
5. Tell recipients how to opt out of receiving future email from you.
Your message must include a clear and conspicuous explanation of how the recipient can opt out of getting email from you in the future. Craft the notice in a way that’s easy for an ordinary person to recognize, read, and understand. Creative use of type size, color, and location can improve clarity. Give a return email address or another easy Internet-based way to allow people to communicate their choice to you. You may create a menu to allow a recipient to opt out of certain types of messages, but you must include the option to stop all commercial messages from you. Make sure your spam filter doesn’t block these opt-out requests.
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- As part of our default footer, you already have the unsubscribe button available to help meet this requirement but make sure to follow this guideline for any custom footers you create within our portal. CI also automatically unsubscribes any hard bounces to help with your reputation and compliance. On top of this we provide a Profile center to let subscribers opt out or opt into specific lists you create. Check out these articles about to learn more about what we can do:
Edit Footers – Critical Impact
Email Bounce Handling – Critical Impact
Customize the Profile Center – Critical Impact
- As part of our default footer, you already have the unsubscribe button available to help meet this requirement but make sure to follow this guideline for any custom footers you create within our portal. CI also automatically unsubscribes any hard bounces to help with your reputation and compliance. On top of this we provide a Profile center to let subscribers opt out or opt into specific lists you create. Check out these articles about to learn more about what we can do:
6. Honor opt-out requests promptly.
Any opt-out mechanism you offer must be able to process opt-out requests for at least 30 days after you send your message. You must honor a recipient’s opt-out request within 10 business days. You can’t charge a fee, require the recipient to give you any personally identifying information beyond an email address, or make the recipient take any step other than sending a reply email or visiting a single page on an Internet website as a condition for honoring an opt-out request. Once people have told you they don’t want to receive more messages from you, you can’t sell or transfer their email addresses, even in the form of a mailing list. The only exception is that you may transfer the addresses to a company you’ve hired to help you comply with the CAN-SPAM Act.
7. Monitor what others are doing on your behalf.
The law makes clear that even if you hire another company to handle your email marketing, you can’t contract away your legal responsibility to comply with the law. Both the company whose product is promoted in the message and the company that actually sends the message may be held legally responsible.
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- We want you to be as informed as possible about the messages you send through CI. Through our reports you can view any hard or soft bounces, and even why they bounced in the first place. We also provide the ability to create suppression lists so you can send to the right people who engage with your content. You'll want to view these articles on reports and suppression lists to learn more:
Email Tracking Report – Critical Impact
Create a Dynamic Suppression List – Critical Impact
- We want you to be as informed as possible about the messages you send through CI. Through our reports you can view any hard or soft bounces, and even why they bounced in the first place. We also provide the ability to create suppression lists so you can send to the right people who engage with your content. You'll want to view these articles on reports and suppression lists to learn more:
For more detailed information on the CAN-SPAM Act, reference here:
CAN-SPAM Act: A Compliance Guide for Business | Federal Trade Commission (ftc.gov)
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