CAN-SPAM Act: What international marketers need to know

The rules that govern email marketing, especially those crossing international borders, are intricate. One such essential regulation is the CAN-SPAM Act from the United States. So, why should international marketers take heed of this particular legislation? Let’s delve into the details.

What is the CAN-SPAM Act?

The CAN-SPAM (Controlling the Assault of Non-Solicited Pornography and Marketing) Act was established in the United States in 2003 to set the rules for commercial email and text messages. It provides recipients the right to opt-out of emails and stipulates harsh penalties for violations.

Why international marketers should care about the CAN-SPAM Act

International marketers, take note: If your marketing emails are reaching anyone in the United States, compliance with the CAN-SPAM Act is not just advisable, it’s compulsory.

The CAN-SPAM Act was enacted against a backdrop of rising concerns about the volume and content of unsolicited commercial emails. The Act’s purpose was twofold:

• To establish a national standard for the regulation of such emails
• To minimise the negative impacts on recipients.

The Act extends beyond domestic US borders; it applies to any entity sending commercial emails to recipients in the United States. Compliance is critical not only to avoid penalties but also to maintain a trustworthy brand image in a vital consumer market.

Key requirements of the CAN-SPAM Act

Email marketing campaigns need to follow several important steps to comply with the Act:

• Consent: Sending emails must be permission-based; your subscribers should opt-in before they receive anything from you. Pre-ticked boxes are a no-no!
• Identifying information: Emails should have accurate header and subject lines that reflect the content.
• Opt-out mechanism: A clear, easy-to-find method for recipients to unsubscribe must be included.
• Handling opt-out requests: Opt-outs must be processed promptly – no longer than ten business days.
• Address inclusion: A valid physical postal address must be present in the email.

Potential consequences of non-compliance

Violating the CAN-SPAM Act can lead to severe penalties, including financial fines. Equally significant, non-compliance can damage your reputation, eroding trust and diminishing the effectiveness of your marketing efforts.

CAN-SPAM Act vs other international email marketing laws

When operating internationally, understanding local laws is crucial. In comparison to the GDPR (Europe) and CASL (Canada), which are opt-in, the CAN-SPAM Act is opt-out, meaning it allows commercial emails until the recipient chooses to stop them.

💡 An understanding of all these email marketing laws can help to shape an effective and compliant international email marketing strategy.

Are you complying with the CAN-SPAM Act?

In conclusion, the CAN-SPAM Act plays a pivotal role in shaping responsible and respectful email marketing practices. For international marketers, adhering to the Act’s guidelines is not only a legal requirement when dealing with US consumers, but it also fosters trust and strengthens customer relationships. So, put compliance at the heart of your email marketing strategy – it’s worth it.

Frequently asked questions