Are you using the power of email marketing to promote your small business? As a small business owner, it’s certainly in your best interest to work on building a quality email marketing list with contact information for prospective customers, current clients, and people who have done business with your company in the past. After all, email marketing is one of the best and most cost effective ways to spread the word about what your company has to offer.

When you decide to incorporate email marketing into your promotional strategy, it’s essential that you take the time to educate yourself about the CAN-SPAM Act so that you can take proactive steps to make sure that your efforts are in compliance with this law. Everyone who engages in email marketing is responsible for complying with the provisions specified in the CAN-SPAM Act, and a lack of awareness of what the law says is not a viable defense for violations.

Consequences of Noncompliance

There are several reasons that it’s important to stay in compliance with the CAN-SPAM Act, not the least of which is the potential financial consequences. Every email sent in violation of the law can result in penalties of up to $16,000. This applies to each separate message sent that is not in compliant with the law.

Beyond the potential financial consequences, however, is the simple fact that sending “spammy” email messages reflects poorly on your company and can have a negative impact on the image of your business. If your marketing strategies are perceived as deceptive, or even questionable, your attempt to attract new customers can actually backfire on you.

Getting in Compliance with CAN-SPAM

Compliance with the CAN-SPAM Act is your responsibility if you are going to engage in email marketing. The good news is that compliance with this law is not difficult, and will only benefit the effectiveness of your online promotional efforts. It’s a good idea to take the time to review the CAN-SPAM Compliance Guide for Businesses published on the federal Trade Commission’s website before you create and send out your first (or next) email marketing piece.

Examples of CAN-SPAM requirements include:

  • The information in the “send” line of your email marketing piece must be accurate.
  • The subject line of email advertisements must accurately reflect the content of the message.
  • Recipients must be given an opportunity to opt out of receiving future messages from you.
  • The physical address of the business should be included in email advertising messages.
  • Unsolicited advertisements must be labeled as such.
  • Additional requirements