CAN-SPAM Compliance Checklist
Use this checklist to help craft CAN-SPAM-compliant emails:


REMEMBER
CAN-SPAM Act is a legal requirement
Remember, the CAN-SPAM Act is a legal requirement to protect consumers and a guideline for building trust and goodwill with your customers or prospects. Penalties for CAN-SPAM violations can range in the thousands of dollars for every individual email in non-compliance, so adherence is extremely important. The best practices below can help you maintain a positive reputation and protect your company's interests.
CAN-SPAM Compliance Best Practices
- Get explicit permission: Always obtain explicit permission from recipients before sending them commercial emails. Use a double opt-in process to confirm consent, where a recipient has to verify their email address before receiving any marketing messages from you.
- Make it easy to opt-out: Provide a clear and easy way for recipients to opt-out of future emails, such as a clearly marked unsubscribe link in your email. All opt-out requests should be honored promptly and within ten business days.
- Use a clear subject line: Use a clear and descriptive subject line that accurately reflects the content of your email. Do not use deceptive or misleading subject lines designed to mislead the recipient into opening your email.
- Be transparent: Include your company's name and physical mailing address in your email. Use clear and concise language to describe the purpose and nature of your email.
- Don't mislead or deceive: Avoid using deceptive or misleading header information, such as false or misleading "From," "To," and "Reply-To" addresses. Don't use misleading subject lines or disguise your email as a personal or urgent message.
- Include a disclaimer: Include a disclaimer that clearly identifies your email as a marketing message and contains a brief statement explaining your email's nature and purpose. This can help reduce confusion and build trust with your recipients.
- Ensure the accuracy of your emails: Ensure that your emails contain accurate and up-to-date information, including contact information, product information, and pricing information. Ensure that any claims or statements in your email are truthful and not misleading.
- Monitor third-party marketing activities: Monitor the actions of any third-party marketers you work with to ensure that they also comply with the CAN-SPAM Act. You are still responsible for what they send out on your behalf.
- Train your staff: Train those who handle email marketing to ensure they understand and comply with the CAN-SPAM Act.
For the most up-to-date information regarding CAN-SPAM, visit https://www.ftc.gov/business-guidance/resources/can-spam-act-compliance-guide-business
Tools to Help:
LashBack ComplianceMonitor:
ComplianceMonitor™ enables “upstream” parties to monitor what is being sent out by any email marketing affiliates, helping to minimize the risk presented by third-party marketing activities. Monitor and get alerted on any potential compliance hazards or misuse of your brand, and verify messaging accuracy by checking emails in real time against your established set of rules and approved language.
LashBack BrandAlert:
BrandAlert® BrandAlert® provides access to LashBack’s proprietary database of millions of real-life emails. Search by using hundreds of different combinations of criteria, such as link domain, email content, sender IP address, and more. Find out if someone misuses your brand, gain compliance insight and competitive intelligence, see what messages get the highest delivery rates, and more.