You are responsible for compliance with the U.S. CAN-SPAM Act. (NOTE: You are also responsible for adhering to applicable anti-spam laws and regulations in any country to which you send emails, which may be different than the U.S. CAN-SPAM Act).
Main Points of the CAN-SPAM Act
- Outlaws the use of false or misleading headers
- Outlaws the use of deceptive subject lines
- Requires a clear and conspicuous opt-out mechanism within every commercial email
- Requires the inclusion of a valid physical postal address within every commercial email
- Requires identification of the message as an ad
- Requires that opt-out requests are honored promptly
Violators of the CAN-SPAM Act may be subject to "cease and desist" orders or penalties from the FTC (Federal Trade Commission) of up to $16,000 per email. Criminal prosecution is also possible in the case of egregious offenders, which can result in penalties such as fines, forfeiture of proceeds and equipment. The worst offenders can also be subject to prison time.
How PrimeSender complies with the CAN-SPAM law:
- False or misleading headers:
PrimeSender does not allow the manipulation of any email header information and does not use relays to deploy email campaigns. This means that anyone reading a client email (recipient, ISP, etc) can clearly see that the email was sent from PrimeSender’s servers. In addition, PrimeSender uses only approved and ethical channels when working with ISPs. These proactive measures are in place to ensure that all client email is sent and received successfully.
- Deceptive Subject Lines:
Any subject line attached to an outgoing campaign must clearly relate to the content of the email. Deceptive or misleading subject lines are prohibited both by PrimeSender and also by federal law. Each email is identified as an ad.
- Opt-out mechanism in every email
PrimeSender automatically inserts unsubscribe details to the bottom of every email sent from our system to ensure that there is always a clear, easy to use, and fully functional unsubscribe method included with every email campaign. Opt-out requests are honored within 10 business days.
- Valid Physical Postal Address
The CAN-SPAM law also requires that the "sender of the email", (i.e. the person or company noted in the From Label), to display a physical postal address within the content of the message. PrimeSender provides a field in our email campaign creation tool requiring ALL users to enter a valid and accurate postal address for any new campaign. This postal address appears in the footer of client email and may change from campaign to campaign in the event that the "sender" changes.
PrimeSender does not monitor all outgoing email marketing campaigns of third parties for compliance with the CAN-SPAM Act or other Anti-Spam policies. However, if we become aware of any campaigns or usage which violates any such laws or policies, we will immediately remove or disable such usage to the extent possible. We want your launch process to be as smooth and hassle-free as possible, so we provide you with appropriate information to remain in compliance with Federal laws and with PrimeSender's policies.
For more information on CAN-SPAM compliance watch this FTC Video and learn helpful tips in these Guidelines.