Complying with the CAN SPAM Act ~ What you need to know to comply with the law, by UpStateNH.com.

Complying with the CAN SPAM Act

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NH Business Articles: Complying with the CAN SPAM Act

Complying with the CAN SPAM Act
What you need to know to comply with the law!

It's tempting to do marketing by email - It's fast, cheap and sometimes quite successful. Done correctly, with your existing client base, is a great idea. Done with a list of random prospects, might be a good idea, but it can be tricky, and expensive IF you run afoul of the rules. Large Internet backbone conduits like Verizon, are doing everything in their power to thwart unsolicited email. Violations can cause them to blacklist your web site making it unavailable to their millions of users, not to mention the FTC fine, per individual email disbursed. If you choose to do it, do it right!

The CAN SPAM Act has many simple requirements. Let's review the ones that are often overlooked and some other common mistakes.

All email compliance is your responsibility. It doesn't matter if you are using a contractor, firm, service or your Aunt Harriet. If it's done on your behalf, it's your responsibility and you can be fined if it's done wrong!

Subject lines must be honest and transparently an ad. If you are trying to sell new home furnaces or chimney sweeping services, a subject line like "228,000 Homes will experience a chimney or furnace fire this winter" would be a violation, even if it's true.

Your email must disclose the LEGAL, registered name of the business. Using a domain name as the sending party does not meet the requirements of the law unless it's also your state registered business name. If you only operate an unregistered business (i.e. using no business name,) then you must disclose YOUR legal name.

Your email must disclose a complete mailing or physical address of the business. A US Post Office box is satisfactory, but the advertiser must be fully disclosed. Include your legal (business) name and complete address.

You may NOT use any electronic tool or methodology to disguise the mailing address or transmission route of the sender. No bogus email addresses, no forwarding mechanics.

You must include genuine 'opt out' instructions. It doesn't matter if it's a one time mailing or they'll never hear from you again.

Be sure you can document each claim made. Just think of their attorney's smile: they have it in writing, and you can't prove it: how much easier could it be to sue?

For a full explanation, visit the Federal Trade Commission's admonitions about the CAN SPAM Act at: http://www.business.ftc.gov/documents/bus61-can-spam-act-compliance-guide-business .

About the Author

George C. Jobel does web development and SEO consulting and has been helping clients develop successful online & multimedia marketing strategies since 1995. The author of numerous articles and online publications, George has taught web development and marketing classes since 2000. You can reach him at his web site , or 603.491.4340 .

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