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Does Your Email Marketing Violate Spam Laws?

By Cynthia Hsu, Esq. | Last updated on

Businesses these days need to use all types of tactics to get customers through the door. One popular -- and powerful -- marketing tool is the use of email.

Email is effective, but just make sure that your email marketing isn't violating the CAN-SPAM Act or other state spam laws.

There are several things you should be aware of. The CAN-SPAM Act does mandate certain requirements for emails. Some of these requirements include:

1. Do not use deceptive subjects.

Do not try to pull a "fast one" on your customers. The CAN-SPAM Act requires that the email subject lines should not be deceptive. This means you cannot hide your objective or your purpose.

2. You need to let consumers opt out.

Every piece of marketing email needs to have some way for the consumer to opt out of future mailings. This can be done through the web, or in person. Companies will have 10 days to comply with opt out requests. Future emails sent to a customer who already unsubscribed can net you a $250 penalty per occurrence.

3. You may need to include a physical address.

Emails also need to include a physical address. This can be a P.O. Box. There also needs to be a clear identification that the email is meant to be a solicitation.

4. Emails cannot be sent under a false name.

Is your company a part of eBay? If it isn't, you really shouldn't be sending emails from addresses that are deceiving like one with the domain name of ""

For more information about the CAN-SPAM Act and other relevant spam laws you may want to check with a business attorney.

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