What Email Marketing Laws Should You Know about as a Small Business Owner?

What Age Group Has the Highest Motor Vehicle Fatality Rate and Why?
February 9, 2017
What Is Contract Fraud?
February 9, 2017
Show all

What Email Marketing Laws Should You Know about as a Small Business Owner?

Today many small businesses advertise through email marketing, which can be an economical way of promoting your business.

However, whether you are a large or small business, your email advertising and commercial messages must comply with the Controlling the Assault of Non-Solicited Pornography and Marketing Act, or CAN-SPAM Act. Congress passed the Act in 2003 and it applies to “any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service, including email that promotes content on commercial websites.” Promoting to previous customers about new product lines and business to business promotions are examples of emailing where CAN-SPAM applies.

Regulations you must comply with include:

  • No false or misleading header information
  • No deceptive subject lines
  • Identification as an ad required
  • Disclosure of your company’s location (postal address)
  • Opt out option for customers receiving future emails
  • Prompt processing of opt out requests (honored within 10 business days)
  • Legal responsibility for any company hired to handle your email marketing

The fine for a CAN-SPAM violation can be quite steep ─ as much as $16,000 per email.

Knowing about all the laws that apply to your type of business is vital to your success. The Small Business Administration (SBA) offers valuable information about the rules that apply to marketing a small business.

In addition, you are wise to consult with an experienced business lawyer who can make you aware of any North Carolina laws and regulations you must comply with for your line of work. For many businesses, establishing a working relationship with a reliable law firm is simply part of doing business. Having an attorney available to advise, advocate for you and offer legal protection is generally part of a business’s due diligence. John F. Hanzel, P.A. provides outstanding representation to clients in the Charlotte, North Carolina area and is ready to assist you in small business law matters.