Sales and Marketing - Jen Jordan

Sales and Marketing - Jen Jordan
Jen Jordan brings a wealth of life and leadership experiences to her writing. After 10 years creating a variety of content for a nonprofit, Jen decided to establish her own writing business. She specializes in creating high quality blog and website content for small businesses. When she's not writing, Jen is a competitive triathlete with a goal of completing a triathlon in all 50 states.

4 CAN-SPAM Mistakes For Small Business Owners To Avoid

4 CAN-SPAM Mistakes For Small Business Owners To Avoid

Email marketing can be one of the most affordable ways for a small business to build and maintain a strong customer base. But a low-cost marketing channel still comes with legal responsibilities.

The federal CAN-SPAM Act sets requirements for commercial emails, including rules about sender information, subject lines, physical addresses, and opt-out processes.

CAN-SPAM isn’t limited to mass email blasts. The FTC says it applies to commercial messages, including messages sent by businesses to other businesses. A small company sending a promotional email to a few dozen contacts still needs to consider the requirements.

For small businesses, avoiding these common mistakes can prevent compliance problems while building trust with subscribers.

1. Don’t use misleading subject lines

The FTC restricts businesses from using deceptive or misleading email subject lines. Your subject line should accurately reflect the content of the email.

For example, a promotional email shouldn’t use a subject such as "Your Order Has Shipped" if no order exists.

Likewise, it would be deceptive to use the subject line, "Important Information About Your Account," unless the email is specifically about the recipient’s account.

Trying to increase open rates with a misleading subject line can create compliance problems and break trust with your subscribers.

2. Make it easy for people to unsubscribe from your emails.

One of the most important CAN-SPAM requirements is to give recipients a clear way to opt out of future marketing emails.

Don’t bury the unsubscribe link in tiny text or make customers search through multiple pages to find it. Your opt-out process must be easy to recognize and use.

Once someone opts out, you generally must honor the request within 10 business days.

3. Include your physical mailing address in your email.

Every commercial email must include a valid physical postal address. This can be a street address, a properly registered post office box, or an eligible private mailbox.

Most email marketing platforms (Mailchimp, Constant Contact, etc.) include the physical address in every email template to help businesses comply with this requirement.

For a small business operating from home, this requirement can raise privacy concerns. Consider using an appropriate registered business mailing address rather than simply omitting the address.

4. Don’t assume your email marketing company is responsible.

Using an email marketing platform, freelancer, or marketing agency doesn’t automatically absolve your responsibility to comply with the CAN-SPAM Act. The FTC says that both the company whose product is promoted and the company that sends the message may be held responsible for violations.

Before handing over your email marketing, make sure your provider has appropriate processes for managing unsubscribes, sender information, and other compliance requirements.

A Simple CAN-SPAM Compliance Check

Before sending your next marketing email, check for the following:

  • Is the sender information accurate?
  • Does the subject line accurately describe the email content?
  • Is the message clearly identifiable as an advertisement when required?
  • Does the email include a valid physical postal address?
  • Is there an easy-to-find unsubscribe option?
  • Do you have a process for promptly honoring opt-out requests?

CAN-SPAM doesn’t have to complicate email marketing. A few consistent processes can help a small business avoid common mistakes while maintaining a professional relationship with its audience.

Because other federal or state privacy and marketing laws may also apply, businesses should consider getting legal advice when their email practices are complex.

WORKS CITED

https://www.sprintlaw.com/articles/email-marketing-laws-can-spam-basics-for-us-small-businesses/

https://www.usdatacorporation.com/blog/5-can-spam-mistakes-can-tank-reputation/

https://www.linkedin.com/pulse/email-marketing-law-what-small-business-owners-need-berkelhammer-ptmqe/

https://www.ftc.gov/business-guidance/resources/can-spam-act-compliance-guide-business