Let's talk about CAN-SPAM. But first, keep in mind this article and other materials posted on our website is offered for informational purposes only and is not intended to constitute legal advice.
In this article:
First, let's talk about what CAN-SPAM is
The CAN-SPAM Act (Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003) is a law set for commercial email that establishes the requirements for commercial messages and gives recipients the right to unsubscribe or opt-out of commercial emails as well as defines the penalties for any violation of the Act.
The Bureau of Consumer Protection reports that CAN-SPAM doesn't strictly apply to bulk email. In fact, "It 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 email that promotes content on commercial websites. The law makes no exception for business-to-business email." Although CAN-SPAM applies to all commercial messages, it exempts transactional and relationship messages.
Understanding CAN-SPAM can benefit your path to compliance for your business. Learn more about marketing (commercial) and transactional emails in Kajabi by reading Understanding the difference between Marketing and Transactional emails to better recognize the emails that must comply with CAN-SPAM.
You may be asking, what does this mean for me?
Although email regulations vary by country, the emails you send through Kajabi must comply with the U.S. CAN-SPAM Act, even if your business is outside the United States. Depending on the location of both your business and your contacts, you may be subject to additional regulations. It is your responsibility to determine whether any other laws or regulations, including international laws, apply to you or the emails you send through Kajabi.
Essentially, it means your commercial (or marketing) emails must comply with the CAN-SPAM Act. I will briefly cover the rules you need to follow according to CAN-SPAM, but in a nutshell, your emails must comply in three main areas:
- The option to unsubscribe;
- Transparent content;
- Honest sending behavior.
These laws and requirements were put in place to protect consumers, but by staying compliant, you can create a relationship built on honesty and transparency between you and your customers. And the cherry-on-top is the increased likelihood of your emails successfully delivering to your recipients (versus ending up in someone's spam or junk folder).
Before we move on to the rules for CAN-SPAM compliance, let's talk about the penalties for non-compliance with the CAN-SPAM Act.
The Federal Trade Commission (FTC) states that "each separate email in violation of the CAN-SPAM Act is subject to penalties of up to $43,280 [...]" and "may give rise to additional fines."
Now that we understand the gravity of violating CAN-SPAM, let's go over how to comply with the CAN-SPAM Act.
Rules for CAN-SPAM Compliance
To stay on the path to CAN-SPAM Compliance, it is crucial to understand the rules of CAN-SPAM. Read more about what the Federal Trade Commission (FTC) has to say about the CAN-SPAM Act in their CAN-SPAM Act: Compliance Guide for Business.
Things to Do
- Do include your postal address. Your email must display your current, valid physical business address in your marketing emails. This can be your current street address, a Post Office box, or even a private mailbox registered with a commercial mail receiving agency established under Postal Service regulations. This is accomplished in Kajabi to help you comply with CAN-SPAM by requiring you to complete your Marketing Settings before creating email campaigns. Simply click your Settings tab and open your Marketing Settings.
- Do honor opt-out requests promptly. Compliance with the CAN-SPAM Act means honoring your recipient's request to unsubscribe within 10 business days. Kajabi automatically honors this request if your recipient chooses to unsubscribe or change their email notification settings. This rule means you can't 1) charge a fee, 2) require the recipient to give you any personally identifying information beyond an email address, or 3) make recipients take extensive steps other than responding to an email or visiting a single page on a website as a condition for honoring an opt-out request.
- Do use transparent "From," "To," and Reply to" language. The email "From" and "Reply-To" information must accurately identify the person or business initiating the email message. Learn to configure your Email Settings in Kajabi.
- Do monitor what others are doing on your behalf. Ensure that you and those you work with are complying with CAN-SPAM. It is ultimately your responsibility to ensure that your emails are compliant with the CAN-SPAM Act.
Things Not to Do
- Don't sell or transfer your recipients' information. After someone chooses to opt-out of receiving more messages from you, you cannot sell or transfer their information, even in the form of a mailing list. The only exception is that you may transfer the addresses to a company you’ve hired to help you comply with the CAN-SPAM Act.
- Don't make it difficult to opt-out or unsubscribe from your marketing emails. Your message must include a clear and obvious option to unsubscribe from receiving future marketing emails. Kajabi helps you stay compliant by automatically including the Unsubscribe button at the bottom of your marketing emails. Additionally, your Members can access their email notification settings through their Avatar when logged into their account to unsubscribe at any time.
- Don't use deceptive subject lines; Honesty is key. Your subject line must accurately reflect the content of the email message. This is both important to staying compliant with the CAN-SPAM Act and your email deliverability. Staying compliant with your email subject line can be accomplished with the help of the Subject Line Validation tool.
Disclaimer: This article and other materials posted on our website is offered for informational purposes only and is not intended to constitute legal advice. Do not rely on the information found here without consulting a licensed attorney in your location for your specific circumstances. It is ultimately your responsibility, and you hereby release Kajabi from all responsibility, to determine the laws or regulations, including international laws, applicable to you and your business. It is always best to be familiar with ALL laws, rules, regulations, and legislation that may be applicable to you and your recipients’ country/region.