Nomad Internet Marketing March 2017 Issue 03 | Page 21

21 CAN-SPAM ACT – YOUR STAY OUT OF JAIL CARD Plus how I get away with contacting perfect strangers for business reasons, without getting into trouble (so far) Does CAN-SPAM laws sound like the most boring topic ever? Yes. Do you need to know it as well as you know your conversion stats? Only if you want to avoid SERIOUS fines or worse. Let’s see if we can inject some fun into this topic while keeping you and your business out of hot water with the U.S. government. First of all, if you want to win bets with fellow marketers at conferences, bet them that they can’t tell you what CAN-SPAM stands for. Frankly, until I looked it up a second ago, you would have won that bet with me. CAN-SPAM is the, “Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003.” It’s legislation passed by the U.S. Congress that regulates commercial email. 9 out of 10 marketers will tell you they know what the CAN-SPAM Act entails, until you start asking them questions. Then usually all they can tell you is this: 1. Don’t send unsolicited emails 2. Place your business address on the bottom of every email 3. Make it easy for people to unsubscribe to your list. And that’s a pretty good answer, but it’s not enough to keep you out of trouble. Here’s what you need to know: • Each violation of the Act can result in a fine of up to $40,654. That’s PER EMAIL. I’m guessing I have your attention now? • The Act doesn’t just cover bulk email – it covers ALL commercial messages, which the law defines as “any electronic mail message the primary purpose of which is the commercial advertisement of promotion of a commercial product or service, including email that promotes content on commercial websites. Whew, what a mouthful.