Not all email marketers are aware of the CAN-SPAM Act, a public law meant for compliance by senders of commercial email. Tough provisions are included in the law to deter non-compliance. Here is a gist of the major aspects of CAN-SPAM.
The information in the header should be accurate. The routing information, and the entries in “From,” “To,” “Reply-To,” fields must accurately identify the individual or the business who initiated the message.
Subject lines should not be deceptive. The subject line should correctly indicate the content of the message.
Your Email should be identified as an advertisement. To do this, feel free to use plenty of the leeway the law gives you, while clearly stating that the message is indeed an advertisement.
Let the recipients know your physical location, such as a valid postal address, a current street address, or a post office box or a private mailbox you use.
Let the recipients know how to opt out of receiving future email from you. The recipient should be able to see the availability of the opt-out choice. Use clear and obvious terms.
Opt-out requests should be honored ASAP. Opt-out mechanisms you use must be capable of processing discontinuation requests for at least 30 days after the message is sent. Opt-out requests must be actioned within 10 business days, without charging a fee or soliciting personal identification information beyond an email address. The recipient should only need to send a reply email or visit a single page on a website for opting out. The opted-out email addresses cannot be sold or transferred.
Keep a close tab on others’ actions. In case you hire another company to do your email marketing, you continue to retain legal responsibility. You have to ensure that both your company and the hired marketer comply with the law.