April 5, 2018
Authored by: Bryan Cave and David Zetoony
Email is an important marketing tool for many retailers, who need to be aware of the legal requirements regarding sending email to customers and potential customers.
Since its enactment in 2003, the Controlling the Assault of Non-Solicited Pornography and Marketing (“CAN-SPAM”) Act has attempted to curb the number of unwanted emails and impose some rules on a largely unregulated frontier. In addition, at least thirty-seven states have laws regulating unsolicited electronic mail advertising. A state-by-state summary is available by clicking here.
When followed, the CAN-SPAM Act’s restrictions give email recipients some control over their inboxes and also maintain fairness in how emails present themselves. All businesses, retailers included, can face penalties of up to $16,000 per violation for failure to follow the CAN-SPAM Act.
As a practical matter, many retailers use vendors for their email marketing and other email services, and those vendors often assist the retailers in complying