The CAN-SPAM Act of the United States regulates commercial emails so that marketers make them easy to understand. It sets laws regarding the email’s content, the sender’s identification, and the procedure for unsubscribing to save consumers from unwanted communications.
Conversely, some organizations prefer to use the higher privacy controls granted by GDPR and obtain explicit consent before collecting or using data.
What makes the CAN-SPAM Act fundamental
- Compliant email append best practices can increase customer trust by up to 20%.
- Companies that follow CAN-SPAM guidelines see their open rates increase by 15%.
- In 2022, nearly 40% of consumers will be deterred by misleading email practices.
- Industry experts believe that, with increased advancements in email marketing, the compliance of CAN-SPAM laws will make 25% more emails get delivered in 2025.
What the decision-makers are saying
CAN-SPAM is a rulebook for respectful email marketing. It keeps things clear, honest, and helps marketers connect on a more personal level.
Dave’s not just talking legalese; he’s saying that when you play by the CAN-SPAM rules, you’re not just protecting yourself – you’re building trust and keeping your customers loyal. Transparency? It’s the ‘new black‘ in email marketing.
Real-life cases
In April 2004, the Federal Trade Commission took its first enforcement actions under the CAN-SPAM Act, charging a company with deceptive marketing via email. The emails did not truthfully identify the sender and had no clear or functioning opt-out, which was all part of established guidance for emails in order not to deceive consumers.
Another case is the United States Department of Justice, which obtained a permanent injunction and a civil penalty of $650 000 against Experian Consumer Services for allegedly violating the CAN-SPAM Act. The Experian sent unsolicited commercial emails that spoofed sender information and lacked any clear and conspicuous opt-out mechanisms, leading to deception about the message’s originator.
An issue with CAN-SPAM?
One big challenge is that even slight deviations in email formatting or unclear unsubscribe options can lead to non-compliance, resulting in legal penalties and lost customer trust.
A solution to this is for the organization to pass regular compliance audits and tight internal rules. Deep training for marketing teams and compliance monitoring tools integrated into email platforms ensure all campaigns fall within the CAN-SPAM threshold limits.
How to ensure CAN-SPAM compliance
- Clearly define internal standards for the content of emails and the process for unsubscribing.
- Make sure the sender information and subject lines are accurate in all emails.
- Include an unsubscribe mechanism that is easy to use in every email.
- Run periodic audits to confirm compliance with CAN-SPAM rules.
- Provide ongoing training for your marketing team.
