Continuing that clean-up, in 2008 the Federal Trade Commission (FTC) modified the act, allowing email marketers to use their "accurately registered post office box or private mailbox" instead of a "valid physical postal address" in their emails.
The CAN-SPAM act is intended to identify and punish those who flagrantly violate the law, but following the guidelines will just make all of us better email marketers too.
Third Party Email Service Providers (ESP) Can Help
Reputable ESPs, like iContact, make it very easy to comply with key CAN-SPAM provisions.
You have to give subscribers a way to unsubscribe from your emails. Most ESPs help you comply by placing an unsubscribe link at the bottom of each email.
You must use a valid From email address. Some ESPs automatically send a validation email to the From email address or addresses you choose. This prevents email marketers from using an invalid email From address.
The law also requires that you include a postal box or physical mailing address in each commercial email you send.
You have to give subscribers a way to unsubscribe from your emails. Most ESPs help you comply by placing an unsubscribe link at the bottom of each email.
You must use a valid From email address. Some ESPs automatically send a validation email to the From email address or addresses you choose. This prevents email marketers from using an invalid email From address.
The law also requires that you include a postal box or physical mailing address in each commercial email you send.
What You Must Include in Every Email Marketing Message You Send
The CAN-SPAM act requires you to include a valid postal address in all of your emails. Most ESPs will take action if you attempt to send emails through their system without complying with this requirement. You'll notice in this email message that my office address is listed in the footer. Although it's easy enough to do, many people seem to forget this rule. But it is just good marketing, as greater transparency leads to greater trust by your subscribers.
The law requires that your emails include a relevant subject line. This is not only good law but smart marketing. If your email does not contain a good, relevant subject line, you will be out of compliance—and, more importantly, you won't entice your subscribers to consider your offer. Nobody wants to be tricked by deceptive or ambiguous subject lines. Treat your subscribers with something relevant that will help them.
In addition, studies have found that less than half email marketing messages are opened; so, if you have an ambiguous or deceptive subject line, you have missed a chance to put your brand or message in front of subscribers. Even if the subscriber does not open a particular email, he or she may be reminded of your brand or message by a relevant subject line and From address. It's probable that not all your subscribers always have time to read your emails... and so they browse, as they might newspaper headlines.
The law requires that your emails include a relevant subject line. This is not only good law but smart marketing. If your email does not contain a good, relevant subject line, you will be out of compliance—and, more importantly, you won't entice your subscribers to consider your offer. Nobody wants to be tricked by deceptive or ambiguous subject lines. Treat your subscribers with something relevant that will help them.
In addition, studies have found that less than half email marketing messages are opened; so, if you have an ambiguous or deceptive subject line, you have missed a chance to put your brand or message in front of subscribers. Even if the subscriber does not open a particular email, he or she may be reminded of your brand or message by a relevant subject line and From address. It's probable that not all your subscribers always have time to read your emails... and so they browse, as they might newspaper headlines.
Do Not Cross the Permission Line
CAN-SPAM expressly forbids harvesting emails from the Web and similar practices, which are not only against the law but also harmful to your email marketing.
People and companies do business with companies to which have given permission to send marketing or informative email. They are often, rightly, more likely to file a spam complaint with their ISP if they receive spam.
Some spam complaints are inevitable, even with the best permission-based list; however, too many spam complaints damage the reputation of the IP address from which you are sending email, reducing the delivery rate to the core of your list—those who really want to hear from you.
People and companies do business with companies to which have given permission to send marketing or informative email. They are often, rightly, more likely to file a spam complaint with their ISP if they receive spam.
Some spam complaints are inevitable, even with the best permission-based list; however, too many spam complaints damage the reputation of the IP address from which you are sending email, reducing the delivery rate to the core of your list—those who really want to hear from you.
Take It a Step Further
You can greatly enhance your legitimacy as an email marketer by not using a free email address but a real domain name (e.g., yourcompany.com)—although doing so is not required by CAN-SPAM. Use your free email address for personal emails but not for your email marketing campaigns. If you have not done so yet, register a domain name; it costs less than $20 per year. You can host the email for very little monthly cost too.
Though a subject such as "newsletter" might be relevant, it does not optimally inspire your subscribers to open the email; and if they do not open the email, the subject line does not reinforce your brand or message. Make your subject lines both relevant and compelling.
Please remember this important point: Meeting CAN-SPAM requirements is the responsibility of the sender, not the ESP. Reputable ESPs will assist senders in meeting the requirements, but the sender must be vigilant in adhering to the provisions of the act.
Though a subject such as "newsletter" might be relevant, it does not optimally inspire your subscribers to open the email; and if they do not open the email, the subject line does not reinforce your brand or message. Make your subject lines both relevant and compelling.
Please remember this important point: Meeting CAN-SPAM requirements is the responsibility of the sender, not the ESP. Reputable ESPs will assist senders in meeting the requirements, but the sender must be vigilant in adhering to the provisions of the act.
