by Troy Janisch

On January 1, 2004, the CAN-SPAM Act went info affect. Its enforceability is weak, but it gives web marketers a taste of things to come.

The CAN-SPAM Act (Controlling the Assault of Non-Solicited Pornography and Marketing) was passed in December 2003 in an effort to reduce the flow of unsolicited email (SPAM). According to the new law, businesses sending commercial email to customers must:

• Clearly label commercial e-mail as advertising


• Use a truthful and relevant subject line


• Use a legitimate return email address and provide a valid physical postal address


• Provide a working opt-out tool


• Process opt-out requests within 10 business days

The Act also prohibits act of “harvesting” email addresses from web sites.

The Act applies to nearly all businesses in the US that use email to generate commerce. For example, all e-mail newsletters and other promotional emails are governed by the Act. And, businesses are responsible for all email they send, even if they outsource the marketing. If you have an affiliate program, you could also be held responsible for the emails sent by your affiliates to market your goods.

Although difficult to enforce, careless email marketers could face fines and penalties if they fail to comply with the new laws. The greatest thing email marketers have at stake is their reputation. Few individuals benefit from unsolicited commercial emails and businesses that use it are viewed as fly-by-night operations.

Compliance seems simple if you rely on best practices for email marketing:


Make Sure Your Unsubscribe System Works
It needs to be reasonably easy for someone to opt out from future emails. After you remove them, remember them. Keep a current list of all individuals who have opted out to ensure they don’t get added to your list again through other sources.

Know The Source of Email Addresses
Make sure they are obtained legitimately. Be suspicious of any email addresses offered by CDs, download services, or linking partners. Better yet, only send email to customers who have give you permission to do so. Or go one step further and use a double opt-in system. This will ensure that people have given you express consent to send them email.

Don’t Let Messages Get Mistaken As SPAM
Remind individuals receiving the email how they opted in. Use a return email address that they will recognize and use clear statements that describe your subject in the content line.

Get To The Point
Short emails are more likely to be read and less likely to be mistaken as spam. Use good grammar, spelling, and punctuation.

Don’t Overdo It
Most industries don’t need to send email out daily or even weekly to their customers. Only send out an email when you have something valuable to share.

Experts agree that the CAN-SPAM Act is only the first step toward stricter legislation of commercial email. The Act calls for the FTC to investigate the implementation of a "Do-Not-Email" list.

The reduction of illegal and annoying spam will be good for legitimate businesses that use permission-based marketing and honest business practices.

Good email marketing practices will keep you out of trouble and ahead of the competition.