We monitor our networks closely for spam related complaints by participating in various ISP’s postmaster feedback programs. We see complaints almost every day. Mostly, these complaints are just people forgetting the opted-in to a email, but more importantly, many senders are violating the CAN–SPAM Act guidelines. If you send our bulk emails, even at low volumes, you will want to assure that you comply with the CAN–SPAM Act.
Basic Guidelines
The FTC publishes many details about the CAN–SPAM Act, but the most useful is The CAN–SPAM Act: A Compliance Guide for Business.
In a nutshell, here’s a run down of what you will find there:
- Do not use false or misleading header information.
- Do not use deception subject lines.
- Include your physical postal address.
- Provide a method to unsubscribe.
- Honor opt-out requests promptly.
- Monitor third parties that email for you.
Opt Out
Failing to provide a method to opt-out is a one of the two items I see violated most frequently. I recommend using simple web-based methods. The users clicks on a link and they are immediately unsubscribed. Honoring these request promptly means that your next mailing will be delivered to that person again. This is important for building a good sender reputation. Should you be sending large volumes (1000’s) of emails to an ISP and fail to include opt-out methods, courts could determine that you are in violation of the CAN–SPAM Act and fine you accordingly.
Physical Address
Too often, senders fail to include a physical mailing address. Per the CAN–SPAM Act statutes, you must include your physical address. Failing to do so means a violation. While relatively few people are prosecuted under the ACT the penalties can be stiff.
Penalties for Violating the Act
“Each separate email in violation of the law is subject to penalties of up to $16,000, and more than one person may be held responsible for violations.” That’s right, you could be fined up to $16,000 per email. That could be millions if you are an active bulk sender.
Mark as Spam
Many ISPs have web mail clients that allow their users to mark messages as spam with a single mouse click. If you fail to provide an easy opt-out method, users will often just start flagging your messages as spam. As you continue to send to this user, they never see your email as it lands in their Junk folder. To make matters worse, your senders reputation continues to drop. If your reputation falls too low, all of your emails will be automatically routed to the Junk folders. By making opting-out easy, you can reduce the chance a users will mark your message as spam instead of simply opting out.
*Recommendation *
I do not recommend using the built in mailing list tools in control panels like Plesk. The mailman tool in Plesk is not well suited to effective list management. Processing bounces and opt-outs is difficult to manage. If you plan on sending any regular emails, I highly recommend using a third party provider. Some popular providers include:
Using a third party also isolates your bulk emailing operations from your day to day emails. This can help your corporate sender’s reputation by not mixing the two different types of email.