Many of my friends have extensive email lists they use for marketing their products, services and companies. Because violations of the CAN-SPAM Act are up to $16,000 per email, I thought it would be a good idea to share these FTC laws and requirements with them and, anyone else in business using commercial email.
The CAN-SPAM Act sets the rules for commercial email. It covers all commercial messages defined as “any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service.”
According to the FTC, the main requirements you need to be aware of are:
1. Don’t use false or misleading header information. Your “From,” “To,” “ReplyTo,” and routing information – including the originating domain name and email address – must be accurate and identify the person or business who initiated the message.
2. Don’t use deceptive subject lines. The subject line must accurately reflect the content of the message.
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.