Legal Requirements of Email Marketing In USA




The CAN-SPAM Act of 2003 authorizes a US$11,000 penalty per violation for spamming each individual recipient. Therefore, many commercial email marketers within the United States utilize a service or special software to ensure compliance with the Act. A variety of older systems exist that do not ensure compliance with the Act. To comply with the Act's regulation of commercial email, services typically require users to authenticate their return address and include a valid physical address, provide a one-click unsubscribe feature, and prohibit importing lists of purchased addresses that may not have given valid permission.

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In addition to satisfying legal requirements, email service providers began to help customers establish and manage their own email marketing campaigns. The service providers supply email templates and general best practices, as well as methods for handling subscriptions and cancellations automatically. They also provide statistics pertaining to the number of messages received and opened, and whether the recipients clicked on any links within the messages.

The CAN-SPAM Act was recently updated with some new regulations that went into effect on July 7, 2008.

For the non-USA company, is a good practice to following practice to ensure the effectiveness and healthy development of direct email marketing;

  1. Include a valid physical address in your email.
  2. Do not include any false header information. Make sure the "From" and "To" routing information include the domain name from which the email message originates.
  3. Do not use misleading subject lines.
  4. Include an opt-out method for email recipients, provide one-click unsubscribe feature.
  5. You must be able to process the opt-outs for 30 days after sending the email. You must honor the opt-out within 10 days of receiving the request. You cannot sell or transfer the email addresses of those who opt out.
  6. Avoid purchase of email list that may not have given valid permission. Build your email list (database) with Opt-in methods (Opt-in Database).

Please visit  CAN-SPAM Act for more information.