The CAN-SPAM Act is a law that was created to establish rules for commercial email, including commercial messages, and gives recipients the right to opt out of email campaigns. The CAN-SPAM Act also spells out tough penalties for violations. The law doesn’t simply apply just to bulk email. It pertains to all types of commercial messages, which includes electronic mail messages which have a primary purpose of commercial advertisement or promotion. The law makes no exception for business-to-business email. Thus, all email must comply with the law.
Your insurance agency must understand the rules of the CAN-SPAM Act. Ignorance is not a suitable defense. Each separate email in violation of the CAN-SPAM Act can result in fines of up to $16,000. Here are the 7 key components of the law:
- Don’t use false or misleading header information.
- Don’t use deceptive subject lines.
- Identify the message as an advertisement.
- Tell recipients where you’re located.
- Tell recipients how to opt out of receiving future email from you.
- Honor opt-out requests promptly.
- Monitor what others are doing on your behalf.
There are many nuances to the list above. For example, item #1 means that your insurance agency “From,” “To,” “Reply-To,” routing information, domain name and email address, must be accurate and identify the insurance agency which initiated the message. This roughly translates to the issues with domain spoofing and using fake email addresses, a mainstay of spammers.
Item #2 means that the subject line cannot deceive a recipient from the true meaning of the message. For example, your subject line cannot be, “Regulatory Updates For California Work Comp”, while the message within the email ask the recipient to call your agency to buy insurance. And item #7 means that you need to immediately honor opt out requests, and comply with opt out regulations in the law. There are many rules around opt out handling; your agency needs to ensure compliance with all of these.
If your insurance agency has started to utilize eMarketing, whether you are leveraging a simple tool like Outlook or a more sophisticated platform, make sure you completely understand the scope and ramifications of the CAN-SPAM Act. In particular, research the opt-out regulations. Beyond the legal requirements, eMarketing should encompass common courtesy and convey your agency’s professionalism. If you are not confident about your insurance eMarketing knowledge, consult with an expert prior to engaging in email blasts of any type.
