Three Easy Pieces – Complying with the CAN-SPAM Act of 2003
By Jeanne S. Jennings,
Published in The Marketing Advents Newsletter, Direct Marketing Association of Washington, March 2004

The first federal legislation on email marketing, The CAN-SPAM Act of 2003, took effect on January 1, 2004. Many of the provisions in the act address fraudulent activities which legitimate marketers aren’t taking part in. But there are also a number of provisions in the act that even the strictest opt-in marketers need to pay attention to – here’s a quick overview of these. I’m not a lawyer, so this should not be taken as legal advice, just as one industry expert’s take on the bill.

1. Identify Yourself

Be sure your ‘from’ and ‘subject’ lines accurately describe your organization and the content of the email message. I’ve long recommended making your ‘from’ line your brand, assuming your recipients will recognize it – this makes even more sense under CAN-SPAM. Benefit-oriented subject lines which reflect the content of the message will put you in compliance with the act and should increase your open rate.

The act also requires you to include your U.S. Postal Service address in your emails – I recommend putting it in the footer of your message. You want people to be able to contact you offline, but most organizations find it’s easier to manage communications (especially unsubscribes) online. Make your U.S. Postal Service address less prominent than your website URL, your customer service email address, your online unsubscribe mechanism, etc.

2. Manage the Unsubscribe Process Effectively

Check and double-check that your emails have an unsubscribe link – and that it works. You’ll also need a process to handle unsubscribes from other channels, including U.S. Mail. All must be removed from your list in 10 days – and must be kept in a ‘suppression’ list so they aren’t mailed again (even if the email address is on a third-party list that you rent).

3. Opt-in Still gives you an Advantage

Marketing emails must include a clear notice stating that they are an advertisement or solicitation – unless your list members have provided ‘affirmative consent.’ Still to be fleshed out is a provision on including ‘ADV’ or some other identifier in the subject line of marketing emails – but there is precedent to exclude ‘affirmative consent’ lists from this rule.

Opt-in will separate you from the crowd in your recipient’s inbox – and should help you avoid the ‘ADV’ scarlet letter that non-opt-in lists will be branded with. Even better is double-opt-in – which gives you both an electronic ‘paper trail’ proving ‘affirmative consent’ and legal protection against claims under CAN-SPAM.

There are a number of additional provisions in the act (including a ‘Do Not Email’ Registry) that still need to be fleshed out. To learn more and link to the full text of the Act, read the January 8, 2004 issue of The Jennings Report, available at www.JenningsReport.com.