When it comes to email marketing, the Can-Spam Act is the law of the land. Do not mess with that sheriff, or you are sure to be slapped with a hefty fine or even prison.
Given how complex marketing has become, it’s easy to make the sort of careless mistake that can lead to big problems. With that in mind, here are five easy tips to ensure that you honor the Can-Spam regulations. Otherwise, you could end up in the spammer slammer.
1) Handle those unsubscribes immediately. Many email service providers will do this automatically. By law, an unsubscribe request must be handled within 10 days. That is far too long. Some companies hide under this rule to get in one last e-mail. Do not be that company. Doing so will only damage the reputation of your brand. Someone who is unsubscribing may still want to be a customer, but he could quickly change his mind about that if you do not honor his unsubscribe request immediately.
2) Go opt-in, not opt-out. In other words, don't use prechecked boxes to get subscribers on your list. That barely counts as permission. The best subscribers are the ones who ask to hear from you. They sign up because they want information from you, and perhaps even look forward to it. A double opt-in process is even better. Again, this can become an issue of brand reputation.
3) Don't abuse your email permission. In other words, don't add people to the lists of your other, unrequested newsletters just because they signed up for one. This goes along with what I was saying before: The subscribers who are engaged will be so because they are truly interested. Try cross-promoting your newsletters instead. Provide information and sign-ups so that those interested can easily join your other lists.
4) Keep good documentation. If someone verbally tells you he wants to sign up for your email list or gives you a business card, that’s not enough to prove you have permission should you get a spam complaint. Instead, get good documentation: written, time-stamped, digital sign-ups. If you have customers coming into your place of business, you can provide a guest book for them to sign up right there.
5) Beware of outsourcing nightmares. If you are too busy, you may just outsource your newsletter to some other person or firm. Make sure you check in with this third-party provider, frequently if possible, to see that it is following all the rules. If bad email marketing is being conducted in your name, you and your company will have to deal with the consequences.
The Can-Spam Act may sound big and scary, but it is not difficult to comply with if you want to maintain a good reputation as an email marketer. Follow these guidelines, and you should have smooth sailing to email marketing success.
Andy Shore is a marketing and social media expert at Benchmark Email, an email marketing service.




