During Lead Nurture, Are You CAN-SPAM Act Compliant?

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  • March 5, 2015

Businesses are increasingly using email for marketing and lead nurture because it’s rated one of the top effective tools in prospecting; however, with its successes comes those who will abuse it. One of the federal government’s responses to email abuse is the CAN-SPAM Act. Are you compliant with their rules? 

According to a study by The Radicati Group, the average number of emails the average business person sent/received per day in 2014 was 121; and by 2018, it’ll be 140.  There are several reasons why email is so popular, the top being, and according to a recent survey by Ascend2, email is the most effective digital marketing tactic. It also delivers the best return on investment (ROI), and better yet, it’s the easiest to execute. This is why so many of us use it!

However, due to business email growth, and to protect consumers from unsolicited or junk mail, the CAN-SPAM Act (Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003) was established. It is a federal law designed to punish spammers. So make sure you are familiar with the rules.


Lead Nurture. Photo courtesy of denise carbonell(CC Attribution)

Here is what you should know:

  • It applies to any business that uses e-mail as part of its marketing activity. 
  • Companies are prohibited from using legitimate domain names they might hide behind
  • Deceptive email subject headers are banned
  • All unsolicited commercial email must give a choice to “opt-out.”
  • Companies have 10 business days to comply with an “opt-out” request ($250 for every time another email is sent).
  • In order to opt-out, you can’t:  charge a fee or require the recipient to give you any personal info. 
  • You can’t sell or transfer email  addresses.
  • Have a valid physical postal address in the email where consumers can write.
  • If you hire another company to handle email marketing, you can’t contract away your legal responsibility to comply.

The Act applies to commercial content. Transnational and relationship content is exempt from this rule, however it must consist of:

  • It facilitates or confirms a commercial transaction
  • Gives warranty, recall, safety or security information
  • Gives change in terms, features or account information
  • Provides information about employee relationship or benefit
  • Delivers goods or services

How will you lead nurture?

Although there have been few CAN-SPAM prosecutions to date, companies should comply with these rules… because it’s the respectful way to treat people. Lead nurture and inbound marketing is what it’s about and how you’ll attract happy, loyal customers. Give them transparent communication with information they find useful and eventually consumers will want to GO TO YOU!

Author LeadCrafters

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