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The CAN-SPAM Act lays the foundation for a clear differentiation of "spammers" from permission-based email marketers. Consider taking the following steps to ensure compliance:
- Convene all company staff involved in the email marketing process - marketing, Webmaster, IT, call center, legal, sales and others. Ensure that all affected personnel have a good understanding of the act and how it might affect their practices and policies.
- Review your company's email marketing programs to ensure that they comply with the content and notification requirements and involve your legal counsel as appropriate.
- If you haven't already, add a postal mailing address to all of your commercial emails.
- Review and test your opt-out/unsubscribe language and process. Make sure it's clear, simple and actually works. Also, make sure you are using a valid return email address or Internet-based reply mechanism that will function for at least thirty (30) days after messages are sent.
- Ensure that all opt-out requests are honored within ten (10) business days of receipt. The best approach is to utilize software (installed or hosted) that automates the reply, unsubscribe and global unsubscribe process.
- If you use pre-checked boxes or other "passive" opt-in mechanisms in your email sign-up process, it's recommended that you change to unchecked boxes or another affirmative consent approach. Otherwise you'll need to add conspicuous language that identifies your email as advertisements or solicitations.
- Add a profile update page on your site and link to it from your messages. This enables customers and subscribers to update their address, opt in or out of individual and multiple newsletters/communications, request global suppression, change email formats and modify preferences and other information.
Learn about going beyond CAN-SPAM compliance and creating trust-based email marketing programs: Beyond the CAN-SPAM Act: Building a Trust-Based Email Marketing Program
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