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If we are sending out an email marketing blast, do we have to disclose that the emails are for marketing purposes? What are the federal requirements? – IBA Compliance Connection

IBA Compliance Connection

Your go to source for compliance!

If we are sending out an email marketing blast, do we have to disclose that the emails are for marketing purposes? What are the federal requirements?

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The email solicitations that you are interested in sending are covered by the Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM Act”). The CAN-SPAM Act requires that emails with a primary purpose of advertising or promoting a commercial product or services contain the following items:

1.     The email must clearly identify itself as an advertisement or solicitation;

2.     The email must contain clear and conspicuous information regarding how to decline receiving future emails; and

3.     The email must contain a valid, physical postal address for the sender.

Please also note that the email may not have a misleading header or “from” line. It is deemed to be misleading if the header does not accurately identify the computer which initiated the email.