• Skip to primary navigation
  • Skip to main content
McKenna Storer

McKenna Storer

AV Rated Chicago Law Firm

  • Home
  • Insurance
    • Insurance Defense
    • Toxic Tort and Mass Tort Litigation
    • Construction Law
    • Commercial Transportation Law
    • Insurance Coverage
    • Professional Malpractice Defense
    • Medical Malpractice Defense
    • Legal Malpractice Defense
    • Appellate Practice
  • Business
    • Corporate Law & Commercial Litigation
    • Litigation Defense
    • SBA Lending
    • Commercial Real Estate
    • Appellate Practice
    • Health Care Law
    • Business Formation
    • Data Privacy and Cyber Liability
    • Employment Law
    • Employment Litigation
    • Workplace Harassment
  • Individual
    • Estate Planning
    • Wills and Trusts
    • Real Estate
    • Mediation Services
  • Banking Law
  • Our Attorneys
  • Our Firm
  • Blog
  • Contact Us
    • Chicago Office
    • Woodstock Office
  • Show Search
Hide Search

7 Steps for E-Mail Marketing CAN-SPAM Compliance

mckenna · April 18, 2017 ·

E-mail marketing is a key component of most digital marketing strategies. One study measured the return on investment for e-mail marketing at 28.5% compared to 7% for direct mail. According to a different study by McKensey, the average order value is three times higher for e-mail marketing than for social media. Considering these statistics, along with the fact that the number of e-mail users worldwide is expected to reach 3 billion by 2020, e-mail marketing is clearly an important resource for businesses seeking to generate additional revenue. However, to effectively utilize an e-mail marketing campaign, businesses must comply with the applicable law regulating this activity, specifically the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (CAN-SPAM Act).

Although the name of the act may give the impression that the law covers what is commonly thought of as SPAM or “Junk e-mail”, the law actually covers all commercial e-mail messages. CAN-SPAM defines commercial messages as “any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service.” The law makes no exception for business-to-business e-mail, but does distinguish commercial e-mail messages from “transactional or relationship messages.”

The Federal Trade Commission (FTC) has the main enforcement authority and can impose heavy fines for violations of the act. For example, each separate e-mail violation of the act is subject to penalties of up to $40,654. Non-compliance with CAN-SPAM can not only ruin your e-mail marketing campaign, but can do long-lasting damage to your business. To avoid that result, follow these seven steps by our data privacy lawyers to ensure compliance with CAN-SPAM:

  1. Don’t use false or misleading header information
  2. Don’t use deceptive subject lines
  3. Identify the message as an advertisement
  4. Tell recipients where you are located
  5. Tell recipients how to opt out of receiving future e-mail from you
  6. Honor opt-out requests promptly
  7. Monitor what others are doing on your behalf.

E-mail marketing can be an effective aspect of a company’s digital marketing strategy, provided that the company complies with the CAN-SPAM Act.

If you have any questions regarding digital marketing or CAN-SPAM compliance, please contact Tim Hayes at McKenna Storer.

If you enjoyed this blog, you may also enjoy downloading our “E-book”

Privacy and Data Security Litigation

About mckenna

McKenna Storer is a corporate law firm that provides a full spectrum of legal services for businesses and individuals. More than half of our lawyers have received positive peer review ratings from Martindale Hubbell, including 10 individual Preeminent AV ratings.
McKenna Storer has been serving its clients for more than 66 years. We are open and available for consultations at both our Chicago and Woodstock locations. Please follow us on or our LinkedIn, Twitter or Facebook pages.

Chicago Office
McKenna, Storer
33 N. LaSalle, Suite 1400
Chicago, Illinois 60602
312.558.3900
312.558.8348
Mo,Tu,We,Th,Fr 8:30 am – 5:00 pm
Woodstock Office
McKenna, Storer
1060 Lake Avenue
Woodstock, Illinois 60098
815.334.9690
815.334.9697
Mo,Tu,We,Th 8:30 am – 5:00 pm

  • Home
  • Insurance
  • Business
  • Individual
  • Banking Law
  • Our Attorneys
  • Our Firm
  • Blog
  • Contact Us