Email Marketing laws in USA

The main law governing email marketing in the USA is the Controlling the Assault of Non-Solicited Pornography And Marketing (CAN-SPAM) Act. This act outlines the requirements for businesses sending commercial emails. Here are the key points of the CAN-SAM Act:

  • Honest Information: You can’t mislead recipients with false or deceptive “from,” “to,” “reply-to,” or routing information in the email header.
  • Clear Subject Lines: The subject line should accurately reflect the content of the email. Clickbait tactics are a no-no.
  • Identification as Ad: The email must be clearly labeled as an advertisement.
  • Physical Address: You need to include a valid physical postal address for your business.
  • Unsubscribe Mechanism: Each email must include a clear and easy way for recipients to opt out of receiving future marketing emails. You can’t charge a fee, require extra steps, or ask for unnecessary personal information beyond their email address to unsubscribe.
  • Honor Opt-Out Requests: You must promptly process unsubscribe requests within 10 business days.

Following these guidelines helps ensure your email marketing practices are legal and avoid hefty fines for non-compliance. The Federal Trade Commission (FTC) enforces the CAN-SPAM Act, and you can find a compliance guide on their website https://www.ftc.gov/legal-library/browse/rules/can-spam-rule.