You might have heard of the CAN-SPAM Act and CALOPPA - ok, you probably haven’t and IF you have, you may have no idea what the heck they are or why you need to know about them.
These laws are all about your email and your website. Here’s what you need to know about each one:
The CAN-SPAM Act
The CAN-SPAM Act is a U.S. federal law has been around since 2003 and establishes requirements for email messages that you send out to your list - yes, this has everything to do with your email list!
The law covers basically any email whose purpose is to advertise or promote a product or service - so whether that is your new coaching package, an online course, ebook, etc. - your emails must comply.
And if not? EACH EMAIL could be subject to a fine of up to $16K by the FTC - that is the Federal Trade Commission and their whole purpose is to protect consumers.
So wow, your email list of 600 could end up with over $9 million in fines...
Here’s what you need to know about it to comply:
- Don’t use a deceptive subject line (meaning, if you are email is about marketing your Facebook Ads, your title shouldn’t be: Free $100 Gift Certificate)
- Don’t use false info - your ‘from, to, reply-to’ etc. must actually be your business
- If you are advertising something, you must disclose somehow that the message is an ad (the law is pretty lax on how you do this and actually, when people OPT-IN they are acknowledging this so you get a pass on it)
- Tell your people where YOU are located - it has to be a physical address and this is why MailChimp, etc. all ask for this info
- MUST have an unsubscribe option
- You must HONOR any unsubscribes and get them off your list within 10 days
- If you hire someone else to do your emailing - you have to make sure they are complying (meaning, it’s your responsibility).
(There are also some *ahem* adult content rules as well and it was for that reason and too much actual SPAM that the law was passed - its full name is: Controlling the Assault of Non-Solicited Pornography And Marketing Act)
Now, chances are some of your emails (those Hey! Happy Friday, here’s what’s up in my life) will not need to comply with all of the above, but better safe than sorry right?
Now, what about CALOPPA?
Oh and if you’re in Europe, you have rules on this too under the Data Protection Directive and the ePrivacy directive. So does Canada, Australia, MOST countries do.