The pace of innovation and the number of resources available to market to your audience is nothing short of incredible. Marketing trends come and go, however, the one category that continues to do well year after year is email marketing. Emails are the ideal way to reach an audience who wants to hear from you. In order to market to your customer base effectively, it is vital that your emails are aligned with the federal compliance guidelines. 

The Controlling the Assult of Non-Solicited Pornography and Marketing Act of 2003 (The CAN-SPAM Act), was created to protect consumers from unsolicited emails, regardless of bulk spam emails or commercial emails from brands and businesses. In order to ensure that businesses are following these regulations, the Federal Trade Commission listed out seven main sections that can be used as a checklist to ensure that your business’s emails are not in violation. 

Following the legal rules and guidelines of email marketing is not only important, but it’s also the law. At D3 we strictly adhere to these requirements and follow this checklist with each and every one of our email marketing clients. 

Email Compliance Checklist

  1. Keep your Header Honest - Your email must clearly and accurately identify your business in the “from”, “reply to”, and “routing information” sections of the email.

  2. Keep your Subject Line Honest! - Do not be deceitful, misleading or inaccurate with your subject lines in an attempt to get people to open your email. Keep it short, offering value and create a sense of urgency. 

  3. Admit that it's an Ad - While you do not need to use the word “ad”, it is required that each business email sent says somewhere within the email that it is an ad. You can do this simply by placing text at the bottom of your email that reads “This advertisement was sent by (your business name here).”

  4. Don’t Hide your Location - Your current, valid, postal address. must be located in every email. If you do not receive mail at your physical address then you are permitted to use a P.O. Box.

  5. Make Unsubscribing Easy - We never want to see an opt-out come through, however it happens to even the best email marketing strategies. The CAN-SPAM Act requires that every email sent must contain a way to unsubscribe from that email list that is easy to find and uncomplicated to do. 

  6. Quickly Remove Unsubscribers - Most unsubscribes will happen automatically, there are some instances that take up to 48 hours. As long as the person who unsubscribed is removed from your email list within 10 business days, you are compliant with the CAN-SPAM Act. 

  7. Don’t Be Complacent - Even if you are using a third-party service to create and manage your business’s emails, it is ultimately your responsibility to ensure that you are compliant with the CAN-SPAM Act. If you are concerned or see something that is not in alliance with the guidelines, ask your provider to adhere to these guidelines. 

Pro Tip: Do you know about the General Data Protection Regulation (GDPR)? Check out the guidelines and be sure that your website and emails are compliant! 

The CAN-SPAM Act was put in place to protect consumers. When your business adheres to its policies, it also creates a transparent and honest relationship between your brand or business and the customers on your email list. Infringement of the act can cost your company thousands of dollars, with penalties being levied on a per-email-sent basis, and fines of more than $41,000 per violation. 

Set up your email marketing with D3 and be confident that each and every email sent is completely compliant with the CAN-SPAM Act. 

This month, D3 wants to help you send out the perfect holiday email to your clients! Sign up for a one-year email contract with D3 today and receive a free seasonal designed template! Or, if you are a current client, receive a complete complimentary holiday redesign on your current template!

Contact D3 today for more information about email marketing, print, and other services for your business. Learn how you can get your marketing materials prepped today!