Sending commercial newsletters and advertisements by email — what some may consider as “spam” — is not prohibited, but it is regulated. Adhering to the federal CAN-SPAM rules is essential for any company or marketer sending “any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service.” This does not just apply to bulk emails. The rules apply to all promotional messages not part of an ongoing transaction, whether to existing or new contacts. Newsletters are generally considered promotional despite providing information for the recipient. Similar guidelines in the Telephone Consumer Protection Act cover text messages.
The Federal Trade Commission also provides guidelines on CAN-SPAM compliance. The regulations set out seven requirements:
Because of the penalties for a message violating CAN-SPAM, err on the side of compliance.
Ned T. Himmelrich
410-576-4171 • email@example.com