The CAN-SPAM Act of 2003 establishes the United States' first national standards for the sending of commercial emails. The law, which became effective on January 1, 2004, covers all commercial messages, which the law defines as any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service, including emails promoting content on websites.
Compliance with CAN-SPAM is voluntary, but if you send commercial emails, you must comply with the law's requirements. And if you don't comply, you could be subject to enforcement action by the Federal Trade Commission (FTC) and/or state attorneys general. The FTC has brought enforcement actions against companies that have violated CAN-SPAM, resulting in millions of dollars in fines. In addition, several states have enacted their own laws prohibiting deceptive practices in email marketing, and many more are considering such legislation.
To comply with CAN-SFMCAct , an email must: Contain accurate from line and subject lines Include a working opt out mechanism Allow recipients to unsubscribe easily from future communications Honor opt outs promptly Refrain from using misleading header information Refrain from using deceptive subject lines Keep track of who sends each message Comply with any other applicable laws
The best way to avoid having your email flagged as spam is to get explicit permission from every recipient before adding them to your mailing list. This means that they've given you their express consent to receive communications from you – either via opting in to a signup form on your website or through some other affirmative action. Once someone has given you permission to email them, there are still a few things you need to do in order ensure compliance with CAN-SPAM: Use accurate From lines and Subject lines Keep track of who sends each message Don't use misleading header information Don't use deceptive subject lines Include a working opt out mechanism Allow recipients to unsubscribe easily from future communications Honor opt outs promptly