They had several different email campaigns in circulation . One was entitled “ Confirm Your Car ” to check out free auto benefits ; “ Experian Boost ” offered to instantly boost your credit score ; and finally , “ Dark Web Scan ” apparently scans over 600,000 data points to see if your information has been compromised ( Figures 1 ). All these emails summed up to nothing important at all but rather all sorts of upselling to the consumers who had set up a free membership that allowed them to place or remove security freezes on their credit reports .
Aside from the deceptive email content , none of these emails — marketing emails — offered the consumer an unsubscribe option which is required under the CAN- SPAM ACT for all marketing and promotional content .
In case you are unaware , like Experian , here is what the CAN-SPAM Act requires for marketing emails :
CAN-SPAM applies to all commercial emails , including B2B and specifically :
• “ any electronic mail message for the primary purpose of which is the commercial advertisement or promotion of a commercial product or service ”
• No misleading headers . To , From , and Reply-To must be accurate and identify the person or business sending the email .
• Do not use deceptive subject lines . Subject lines must reflect accurate emails content .
• Email must be clearly and conspicuously disclosed as an advertisement . You do have discretion on how this is accomplished .
• Email must include your business address registered with the USPS .
• Every email must include a clear and conspicuous opt-out option that is easily identifiable . This can be facilitated via a link to a form ( which can include a menu with an option for opting out ) or through a specific company email designated to receive and take prompt action .
• Opt-out request must be processed within 10 business days . Methods offered to request opt-out must be available for 30 days after the email was sent .
• Company is responsible for any actions taken by hired third-party vendors .
Time to check and recheck your marketing campaigns and ensure they are in compliance . If your content is both transactional and marketing , it ’ s a marketing email , so include the unsubscribe . If your content is pushing the line of promotional or marketing in nature , it ’ s best to play it safe and include an option for recipients to unsubscribe . When in doubt , make sure you reach out for marketing compliance guidance to get you on the right track and out of the crosshairs of the FTC . At Troutman Amin , LLP , we are happy to provide compliance consulting services .
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