CAN-SPAM Act

CAN-SPAM Act Compliance

The CAN-SPAM Act is a law that sets guidelines for commercial email communication, providing recipients with the right to opt-out of receiving further emails and establishing penalties for non-compliance. While the law’s name refers to “spam,” it applies to all commercial messages, including those promoting commercial products or services and content on commercial websites. As a business based in India, it’s important to adhere to the requirements of the CAN-SPAM Act. Here’s an overview of the key requirements:

1. Accurate Header Information: Ensure that the “From,” “To,” “Reply-To,” and routing information accurately identify the sender of the message, including the originating domain name and email address.

2. Non-Deceptive Subject Lines: The subject line should accurately reflect the content of the email and should not be misleading or deceptive.

3. Clearly Identify the Message as an Advertisement: Disclose clearly and conspicuously that the email is an advertisement, providing transparency to recipients.

4. Include a Valid Physical Postal Address: Every email should include a valid physical postal address, which can be your current street address, a registered post office box, or a registered private mailbox with a commercial mail receiving agency as per Postal Service regulations.

5. Provide Opt-Out Mechanism: Include a clear and conspicuous explanation of how recipients can opt-out of receiving future emails from you. The opt-out notice should be easy to recognize, read, and understand. Offer a return email address or another Internet-based method for recipients to communicate their choice to opt-out. Ensure that spam filters do not block opt-out requests.

6. Honor Opt-Out Requests Promptly: Any opt-out mechanism provided must be able to process opt-out requests for at least 30 days after sending the email. Honor opt-out requests within 10 business days and do not charge a fee or require personally identifying information beyond an email address. Selling or transferring email addresses of individuals who have opted out is prohibited, except to a company assisting with CAN-SPAM Act compliance.

7. Monitor Third-Party Actions: If you engage another company for email marketing, remember that you are still legally responsible for compliance with the CAN-SPAM Act. Both the company promoting the product/service and the company sending the message may be held accountable.

For more detailed information and guidance on CAN-SPAM Act compliance for businesses, you can visit http://www.business.ftc.gov/documents/bus61-can-spam-act-compliance-guide-business. Please note that this information is not legal advice, and it is recommended to consult with legal professionals to ensure compliance with applicable regulations in your jurisdiction.