Are Your Emails CAN-SPAM Compliant?

Email is still a viable marketing strategy, but doing it incorrectly could result in major brand consequences. Here’s why.

Are Your Emails CAN-SPAM Compliant?
Katie Metz // Adriana Lacy Consulting 

An email marketing strategy is still something that many businesses, publications, and nonprofits should consider having. According to Hubspot, more than 4 billion people online have active email accounts, while Constant Contact estimated that over 34.5 percent of 200 million emails sent in December 2022 were opened. Even if it isn’t as prevalent as other forms of marketing, such as social media, email lists are still viable methods of delivering your brand’s message.

Cultivating a list is one part of the email marketing journey. However, sending emails on a regular basis is undoubtedly the most difficult part of the process. Not only does it involve a lot of trial and experimentation to see what brings the best results, but there could be legal repercussions to sending the wrong types of emails to your list. The CAN-SPAM Act is a law that enacts strict laws for commercial email campaigns to not send out unsolicited commercial content. Overseen by the Federal Trade Commission, there are many things outlined in this law that you may not think of as being interpreted as spam. 

This is precisely why it’s so important to be careful about what you are putting in your email campaigns. There are many phrases and words that can set off spam filters, including these provided by Constant Contact from one of their many studies:

  • Free
  • Guarantee
  • Act now
  • Click here

Of course, this is not a definitive list. However, it does lay out a general idea of the type of wording that can be considered as spammy. We recommend that you avoid making any direct promises or orders in your email copy to ensure you’re not getting unintentionally sent to spam. This includes how you word your headlines, as well – ensure that they aren’t deceptive or vague about what the email is about.

It is also important to display your location in your email. Standard practice designates the footer as the ideal spot as long as it is clearly labeled. Something else that should be around the footer is a link to unsubscribe from your emails. While that may not be a desirable option, it’s crucial to give subscribers that choice and to not lock them into your list. Make sure that this unsubscribe option is clearly labeled and does exactly what it’s supposed to do. 

If you are looking to expand your marketing services, email continues to be a viable market to explore. However, doing it incorrectly can be surprisingly easy to do, which can spell trouble if not identified quickly. Thankfully, it is equally as easy to ensure your emails are both CAN-SPAM compliant and avoiding the dreaded spam filter.

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