If you're sending email or campaigns that are pointed towards US inboxes, you're required to comply with the CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography And Marketing).
It establishes the US’s first national standards for the sending of commercial email, requiring the Federal Trade Commission (FTC) to enforce it. Therefore, if you're to be CAN-SPAM compliant, there are certain provisions you need to make and include within your emails.
Overview of the CAN-SPAM Act
The CAN-SPAM Act is too long and detailed to summarise comprehensively here, especially without leaving anything out! It's also subject to change - for instance, if US Congress decides to pass another act, or if the FTC change or strengthen any rules.
This is why we provide a generalised five point overview of its key features below, all of which are pretty much best email marketing practices anyway (however if you want to know more about the act as a whole and all of its consequences, please visit the FTC’s Compliance Guide for Business)*:
Only send email to people who've provided their consent to being emailed.
Make sure your email has an unsubscribe option on it.
Make sure your physical business/customer service address is included somewhere in the email (this can be a street address or a PO Box). This enables people to unsubscribe by post if they wish to.
When people unsubscribe, don’t ever email them again. We also require this and to this end, your unsubscribes are processed and suppressed automatically for you.
Don’t buy or sell email lists. Generally speaking, only use the email list you've generated for yourself.
CAN-SPAM validation within any editor - Drag and Drop, WYSIWYG & HTML upload.
As a user of our application, we endeavour to guide you towards best email marketing practices.
In light of this and to help with USA CAN-SPAM compliance, we've added extra Merge Tags such as YourCompany/Street/City/Zip/Country straight from your profile information into each email you send by default to help with your legal compliance ensuring a company/service address is always present in your campaigns.
To successfully insert these Merge Tags, firstly, make sure you have completed your profile, if you are unsure, you can check your details by clicking on your name, located in the top right corner of your account and selecting Profile.
When your campaign is sent, this postal address information is automatically added to the bottom of each and every email you send, ensuring your existing customer service address, as stored within the account Profile, is given to your customers.
*We're not providing legal advice here
Please be aware that we're not providing legal advice in this article. After all, we're not lawyers! Please don’t rely solely on the advice given here to ensure you're CAN-SPAM compliant. Ultimately the responsibility to ensure you're being CAN-SPAM compliant lies with you and your company, so please do seek further relevant advice if you're unsure in any way.