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Commercial email marketing poses private litigation risks and regulatory hurdles that should be considered before launching any campaign to ensure compliance. The practice involves compliance with legal and regulatory requirements, notably the Federal Trade Commission Act and the CAN-SPAM Act.
These laws mandate truthful, non-misleading advertising, accurate sender and subject line information, clear opt-out mechanisms, and identification of emails as advertisements. Claims in emails must be supported by evidence, with required disclosures presented clearly.
While CAN-SPAM preempts most state laws, some states impose additional restrictions, such as prohibiting unauthorized use of third-party domain names and misleading header information. Violations can result in significant fines, up to $1,000 per email.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
