With an average ROI of 3,800%, email marketing is one of the best investments you can make for your business. 

The stats speak for themselves:

  • 73% of millennials prefer communications from businesses to come via email.
  • More than 50% of U.S. respondents check their personal email account more than 10 times a day, and it is by far their preferred way to receive updates from brands.
  • 59% of respondents say marketing emails influence their purchase decisions.
  • More than 59% of marketers say email is their biggest source of ROI.

But before you start sending out emails willy nilly, there are some things you need to know about the legal guidelines of email marketing in the US. There are rules and regulations that dictate what you can send, who you can send it to, and how you can get their email addresses. 

So before you launch your newest email marketing campaign, make sure you brush up on these important email marketing laws.

Email Marketing Laws to Know

The first email spam law was passed in 2003 under President George Bush. According to the FTC, the CAN-SPAM Act “sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have you stop emailing them, and spells out tough penalties for violations.”

If you break any of the rules laid out in the CAN-SPAM Act, you could face thousands of dollars in fines, so make sure you follow these regulations:

Be Yourself

When it comes to the header of your email (the “From,” “To,” and “Reply-To” sections), always be accurate and clear about who is sending the email. No matter what, recipients should always be able to identify the business or individual who initiated the message accurately. 

Have A Clear Subject Line

Whenever you send an email, make sure your subject line gives the reader a clear idea of what is in the email. Don’t bait the user with something in the subject line only to disappoint them when they open the email. This isn’t just against the law–it’s bad marketing!

Include Your Physical Address

The CAN-SPAM Act requires you to include your postal address in your marketing emails. According to the FTC, this can be:

  • your current street address
  • a post office box you’ve registered with the U.S. Postal Service
  • a private mailbox you’ve registered with a commercial mail receiving agency established under Postal Service regulations.

Let Recipients Opt-Out

You never want your recipients to feel trapped or hassled by your emails. That’s why you must always give them an obvious, easy way to opt-out from your email list. Most companies have a link to an automatic form that allows recipients to immediately take their address of the list. Remember, you can’t make someone pay to get off your list. You know the old saying: if you love something, set it free. Hopefully they’ll realize what they’re missing and come crawling back to your awesome emails!

The CAN-SPAM Act requires that you remove anyone who wants to opt-out from your list within 10 days. And after they requested to be taken off your list, you can’t sell or transfer their address. Ever. 

Remember, You’re Responsible

Even if you have another company or person in charge of your email marketing, remember that you are completely responsible for what they do on your behalf. That means you need to ensure that everything they do is complicit with the law, or you could be in serious legal trouble!

Let Us Handle It

Today, the easiest way to ensure compliance with CAN-SPAM is to hire a professional email marketing company to help you conduct your email campaigns. 

While working with a professional email marketing company doesn’t waive your legal responsibility to comply with the CAN-SPAM Act, it can make doing so easier and more streamlined for you. 

Ready to learn more about quality email marketing? Contact InThink today