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Email Marketing Compliance Requirements

How do I know if what I’m sending is a transactional or relationship message?
The primary purpose of an email is transactional or relationship if it consists only of content that: facilitates or confirms a commercial transaction t...
Tue, Oct 7, 2014 at 1:56 PM
What if the email includes information from more than one company? Who is the “sender” responsible for CAN-SPAM compliance?
If an email advertises or promotes the goods, services, or websites of more than one marketer, there’s a straightforward method for determining who’s re...
Tue, Oct 7, 2014 at 1:58 PM
What are the penalties for violating the CAN-SPAM Act?
Each separate email in violation of the law is subject to penalties of up to $16,000, and more than one person may be held responsible for violations. For e...
Tue, Oct 7, 2014 at 1:59 PM
CAN-SPAM’s main requirements
1. Don’t use false or misleading header information. Your “From,” “To,” “Reply-To,” and routing information – including the originating domain name and ...
Fri, Sep 5, 2014 at 1:51 PM
What if the message combines commercial content and transactional or relationship content?
It’s common for email sent by businesses to mix commercial content and transactional or relationship content. When an email contains both kinds of content,...
Fri, Sep 5, 2014 at 1:51 PM
Are there separate rules that apply to sexually explicit email?
Yes, and the FTC has issued a rule under the CAN-SPAM Act that governs these messages. Messages with sexually oriented material must include the warning “S...
Fri, Sep 5, 2014 at 1:51 PM
How do I know if the CAN-SPAM Act covers email my business is sending?
What matters is the “primary purpose” of the message. To determine the primary purpose, remember that an email can contain three different types of info...
Fri, Sep 5, 2014 at 1:51 PM
What if the message combines elements of both a commercial message and a message with content defined as “other”?
In that case, the primary purpose of the message is commercial and the provisions of the CAN-SPAM Act apply if: A recipient reasonably interpreting the s...
Fri, Sep 5, 2014 at 1:51 PM
My company sends email with a link so that recipients can forward the message to others. Who is responsible for CAN-SPAM compliance for these “Forward to a Friend” messages?
Whether a seller or forwarder is a “sender” or “initiator” depends on the facts. So deciding if the CAN-SPAM Act applies to a commercial “forward-to-a-frie...
Fri, Sep 5, 2014 at 1:51 PM
CAN-SPAM Act: A Compliance Guide for Business
CAN-SPAM Act: A Compliance Guide for Business (from the FTC:  http://www.business.ftc.gov/documents/bus61-can-spam-act-compliance-guide-business) ...
Fri, Sep 5, 2014 at 1:51 PM