At first glance, the term “CAN-SPAM” may sound like a bad luncheon meat, but in fact it’s something that should be taken very seriously. And while its tongue-in-cheek name may be similar to a food product, the reality is that adhering to CAN-SPAM regulations is vital to any successful e-mail campaign, and needs to be followed by all companies in the United States.

The definition of the term comes from a bill passed nearly ten years ago known as the “Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003.” In short, CAN-SPAM is the law that regulates how you send unsolicited commercial e-mails, in order to protect the recipient from abusive electronic mailings, giving them the option to “opt out” by choice. CAN-SPAM is enforced by the Federal Trade Commission (FTC) in the United States, and can levy significant penalties if not followed correctly.

So, how does this affect you as an Latin Target user? Simple: when you send out an e-campaign, you are sending out a commercial, non-solicited e-mail, and therefore fall under the CAN-SPAM regulations. A common misconception about CAN-SPAM is that the law only applies to bulk e-mail spammers who send annoying messages about free Rolexes and low cost medications. This is false.

Anytime you introduce your product or solution, announce a press release or webinar, if you’re doing it by email, you need to be CAN-SPAM compliant. Not compliance can carry hefty fines upto $16,000 per violation, which by all means is not a good return on your investment, not to mention how much it can severely damage your project.

But fear not fellow Latin Target marketeers, complying with CAN-SPAM rules is a lot easier than you think. In fact, you may be sending mostly CAN-SPAM compliant e-mails already without even realizing it. Just to be on the safe side, here are the steps you need to take in order to be 100% compliant:

1. Don’t use false or misleading header information. When you write your header, you need to use accurate “From” or “To” information. If it’s from you, make sure it says it is, and make sure it is, in fact YOU.
2. Don’t use deceptive subject lines. Be perfectly clear on the content of your message, and make sure that the subject line matches what’s in the text. Trying to be coy or too vague can be considered deceptive, and may result in a violation.
3. Make sure you identify your message as an advertisement. This may seem self-explanatory due to content, but in this case assumptions aren’t enough. State your intentions clearly.
4. Provide a valid physical address. Even though it’s e-mail, you need to have a working postal address to identify where the information is coming from. This can be the street address or a valid PO box.
5. Give recipients the option of opting out. Regardless of how solid your e-campaign is, there will always be people who just aren’t interested. Many just don’t like to be contacted via e-mail. Set your e-mail up with an easy to find “unsubscribe” option, and honor any requests sent within 10 business days.
6. Keep a keen eye out for 3^rd-party e-mail vendors. If you’re sending out an e-campaign, you need to do it through a 3^rd-party program. Any program worth its salt should be up to date and compliant with the latest laws and regulations, but you ought to double check, just to be sure. The risk of what happens with non-compliance is too high, and being thorough will pay much greater dividends in the long run than being careless.

While this may sound like a harrowing tightrope walk through a virtual legal jungle, it’s really a lot simpler than it sounds. Be direct, honest, and vigilant with your details, and fully utilize Latin Target to its highest potential.

Learn more about CAN-SPAM law on the FTCs website

To find out more about Latin Target, and ELEVATE’s email execution capabilities, go here, and please feel to leave a comment, or ask us anything that may concern you.