Email marketing is an effective method for reaching your target market while being less expensive than other marketing types. It allows you to get a large volume of consumers and is predicted to become the most used advertising method by 2008. However, it is crucial to be aware of the email marketing laws in effect throughout the United States and other countries to avoid legal issues.
36 of the 50 states have privacy laws regarding email marketing tactics, and there are also laws in Europe, Australia, and Asia. As such, it is recommended to have an attorney who specializes in these laws to assist with your email marketing campaigns. If you are a small business planning to handle your campaigns independently, it is essential to understand how these laws affect you.
The United States CAN-SPAM Act, enacted on January 1st, 2004, aims to protect consumers’ privacy. The act prohibits the use of misleading to and from headers in emails, and marketers are required to include their physical addresses in emails. Every email must have an opt-out link, allowing consumers to tell the marketer they no longer want to receive information from them. The sender must remove this email address from their database within ten business days. Emails with sexual content must be labeled before recipients open them. Marketers must obtain permission from the consumer before selling their email addresses.
Violations of these laws can lead to significant fines and even jail sentences. Regulators are imposing harsher regulations to protect internet users and email services who feel their privacy is being violated. Businesses that continue to send such materials to consumers who have requested removal from the mailing list may face legal action.
However, businesses are also protected under the law. If a spammer uses your business as a cover for their endeavors or a virus is found in your email marketing campaign without your knowledge, you will not be held liable.
The Coalition Against Unsolicited Emails is a non-profit advocacy organization that works to help consumers know their rights, stop unfair email marketing practices, and provide businesses with answers to their questions. They also work with members of Congress to pass laws that benefit both consumers and businesses. To learn more about email marketing laws, their website is an excellent resource.
