CAN-SPAM Compliance Tool

What is the CAN-SPAM Compliance tool?

The CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography and Marketing Act) establishes requirements for those who send commercial email, spells out penalties for spammers and companies whose products are advertised in spam if they violate the law, and gives consumers the right to ask emailers to stop spamming them.

The law, which became effective January 1, 2004, covers email whose primary purpose is advertising or promoting a commercial product or service, including content on a Web site. A "transactional or relationship message" . email that facilitates an agreed-upon transaction or updates a customer in an existing business relationship . may not contain false or misleading routing information, but otherwise is exempt from most provisions of the CAN-SPAM Act.

The Federal Trade Commission (FTC), the nation's consumer protection agency, is authorized to enforce the CAN-SPAM Act. CAN-SPAM also gives the Department of Justice (DOJ) the authority to enforce its criminal sanctions. Other federal and state agencies can enforce the law against organizations under their jurisdiction, and companies that provide Internet access may sue violators, as well.

What does the law require?

  • It bans false or misleading header information. Your email's "From," "To," and routing information . including the originating domain name and email address . must be accurate and identify the person who initiated the email.
  • It prohibits deceptive subject lines. The subject line cannot mislead the recipient about the contents or subject matter of the message.
  • It requires that your email give recipients an opt-out method. You must provide a return email address or another Internet-based response mechanism that allows a recipient to ask you not to send future email messages to that email address, and you must honor the requests. You may create a "menu" of choices to allow a recipient to opt out of certain types of messages, but you must include the option to end any commercial messages from the sender.
  • It requires that commercial email be identified as an advertisement and include the sender's valid physical postal address. Your message must contain clear and conspicuous notice that the message is an advertisement or solicitation and that the recipient can opt out of receiving more commercial email from you. It also must include your valid physical postal address.

How does the CAN-SPAM Compliance Tool help me?

When the CAN-SPAM Compliance Tool is enabled, all emails that are send out via our system automatically have two important compliance options :

  • Automatic Unsubscribe Link
  • Postal Mailing Address

What about the first two requirements? Valid "From" email addresses and deceptive subject lines?

Both these requirements are for you to fulfill. When sending out survey invitations please make sure that the subject lines are relevant and you always use your own email address as the "From" address.

How do I access the Account Compliance Options?

  • Log in to your account.
  • Go To: Login » Surveys » Send » Templates
  • Click on CAN-SPAM Compliance.
  • Survey Software Help Image
    Survey Software Help Image

Is CAN-SPAM Compliance a requirement? Is it really necessary?

As of April 15th 2006, we have made it mandatory that all emails sent using SurveyAnalytics comply with the CAN-SPAM law. If CAN-SPAM Compliance is not enabled, you will not be able to send emails using SurveyAnalytics.

I am sending survey invitations to my customers/clients. Do I need to have the CAN-SPAM Compliance?

Yes - All emails (including survey invitations) sent using SurveyAnalytics must be CAN-SPAM compliant. The services for SurveyAnalytics operates out of the United States and we need to follow federal US laws. This cannot be turned off.