List Building: What CAN-SPAM Means to You

Back in 2003, legislators in the United States sought to stem the flow of spam emails that was plaguing our over-belabored inboxes. Problem is, it really didn't help much. Spam comes from all over the world, and it's not stopping. But if you live and operate an online business in the United States, you're bound to follow the rule of the law.

"I only send about 500 messages a month. Why would they bother me?" you may think. But even if that's the case, you're still liable. It only takes one spam complaint to shut you down or worse. You're probably already protected in some ways if you use a reputalbe autoresponder program. But if you're using your own autoresponder or mail system, then you should take note. Plus, some parts of the law will still apply.

Here's a rundown of the law's main provisions:

*No false or misleading email headers. The "To" and "From" lines must be accurate, and you must provide accurate routing information. That should include the location of your domain and your proper email address, and it must identify the person sending the email.

*You may not use misleading subject lines. You cannot deceive the recipient about what's inside the email.

* It requires that your email give recipients an opt-out method. You must provide a return email address or another Internet-based response mechanism that allows a recipient to ask you not to send future email messages to that email address, and you must honor the requests. You may create a "menu" of choices to allow a recipient to opt out of certain types of messages, but you must include the option to end any commercial messages from the sender.

Whatever opt out method you choose, it must be active for 30 days, at least. You only have 10 business days to get people who have requested to be removed off the list.

* It requires that commercial email be identified as an advertisement and include the sender's valid physical postal address. Your message must contain clear and conspicuous notice that the message is an advertisement or solicitation and that the recipient can opt out of receiving more commercial email from you. It also must include your valid physical postal address.


That's it in a nutshell. But there are other things to remember. First, don't buy lists of email addresses--ever. Harvesting of email addresses is also against the law. Take time to set up a proper list building page that transmits names and email addresses to an autoresponder that will automatically confirm subscriptions. This is called "double opt-in," and it will save you from getting into trouble. The law doesn't say that you have to do this. It's just more protection in case a spam complaint ever arises.

When you send out emails, be sure that you include a link for people to unsubscribe and your mailing address. If you use an autoresponder service, this is taken care of for you. If you're using your own email delivery program, then, it's your responsibility to follow the law. It's really not that complicated, and you won't enjoy the penalty if you're caught out of compliance. Each violation is subject to a $11,000 fine. So, if you sent to 100 people, you could be fined $1,100,000, and you could also go to jail. Is it really worth it?

Definitely not.