Understanding email marketing laws and regulations in the US
One of the most effective marketing channels today is email. Recent marketing tools make it quick, easy and straightforward for marketers of all levels, campaign creation, uploading a list and sending it out.
Before you start sending campaigns, first get the basics of understanding the laws around email marketing. Ensure your campaigns do not break any rules to avoid penalties and prosecution.
The guide below outlines laws around U.S. email marketing. It entails specifics you need to know to make sure your email marketing initiatives remain on the right side of the law.
What are the laws around email marketing?
Different laws guide the use of email marketing for commercial purposes. In the United States, the CAN-SPAM Act regulates commercial email marketing and correspondence. The act outlines conditions that email marketers need to follow to avoid significant fines and penalties. Sending a proper email marketing tool to legitimate emails means you are complying with these rules.
The legal requirements mainly target scammers and other deceptive material to prevent them from acquiring people’s addresses without consent and spamming them with unregulated email correspondences. Even the best marketers sometimes violate rules accidentally, so it is important knowing how to comply.
Why do I need to comply?
Each country has different laws. We have reviewed the U.S. email marketing laws and compiled a simple list of techniques marketers can utilize to ensure their campaigns comply with the regulations. They may sound simple, but they’re broken, you could quickly find yourself in trouble.
Get permission to email people
The first thing to observe in email marketing is permission. There are two types of permission. They include implied and expressed permission.
Implied permission covers anyone you have an existing relationship with. Possibilities are they could be your current customers, a donor to your charity. They can even be an active member of your website or general community.
If you have no implied permission to email a person, then do not. In order to be in compliance with the guidelines, you need expressed permission.
Expressed permission is given when somebody permits you to send them email campaigns, by entering their email address in a subscribe form on your website. You enter their details into your in-store newsletter and accept the form. Now, you have expressed permission to send them email campaigns.
Do not use misleading header information
Header information refers to all extra material that is sent along with email campaigns from the subject name to the address and everything in between.
The email marketing laws state that you must include accurate information in your promotional correspondence with potential consumers. It would be best if you did not trick your clients into viewing marketing emails by masquerading these promotional emails as personal communication.
Include your address
United States email marketing laws stipulate that you must include a valid postal address for your company in your email campaigns. You can use your current street address, post box or an address with a registered commercial mail receiving company. Doing this will help enshrine a sense of trust in both you and your activities from the email recipients you are actively trying to court. Concealing your identity will only make them be suspicious and report your email as spam.
Identify your email as an advertisement
The CAN-SPAM Laws clearly state that you must disclose that your message is an advertisement.
The law gives a guideline on how to do this. A common misconception is that you must consistently state your email is an advertisement every time you send a new campaign. That’s not the case. The purpose is to avoid deceiving clients by pretending the correspondence is a personal email.
Include a way to opt out of receiving future emails
Your email campaigns must have a clear and definite method for opting out of receiving an email in the future. The email marketing laws stipulate it. The email-marketing tool must be easy for an ordinary person to recognize, understand and execute with the desired result of opting out of future emails.
Honor opt-out requests promptly
According to CAN-SPAM laws, you must honor a recipient’s opt-out request within 10 business days. Apart from honoring the request, you cannot charge a fee to opt them out or have the link lead to another deceptive marketing ploy.
Email is an efficient and effective marketing channel available for most businesses. Before you embark on this method of sending campaigns for your business, kindly understand the laws that govern email marketing and how to comply with them.
Mount Bonnell Advisors is a professional law firm that can help you get professional email marketing tools. We will provide you with the basics about the use of email marketing in your promotion strategy. In addition, at Mount Bonnell Advisors we give our clients the email addresses of legitimate marketers that you get in touch with and send campaigns to or collaborate on promotion tactics.
We will help you meet the legal requirements and drive results for your company. You can entrust us to provide quick solutions to any of your email marketing challenges. Contact us today to interact with our team of professional advisors who can offer quality advice to your business.
