What is the CAN-SPAM Act, and why do you care about it if you’re an insurance agency owner or marketer? The CAN-SPAM Act applies to all commercial messages (emails), defined as “any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service.” All emails messages must comply with this law.
Each email found in violation of the CAN-SPAM Act is subject to penalties up to $16,000. Email marketing done without taking this law into consideration could create a significant liability for agencies and brokers. These are seven key components of the CAN-SPAM Act:
1. Don’t use misleading header info:
Agents should make sure their “From,” “To,” “Reply-To,” and routing information, including the originating domain name and email address, are all accurate. The person or business who initiated the message must be identified.
2. No deceptive subject lines:
The subject line must accurately reflect the content of the email message.
3. If it’s an ad — tell them it’s an ad:
You must disclose that your message is an advertisement, if it is an advertisement of any kind. If it’s an ad, make it clear and obvious that it is an ad.
4. Identify your location:
Your email must include your valid physical address. This can be your current street address, a post office box you’ve registered with the U.S. Postal Service, or a properly registered private mailbox.