Email Marketing: Understanding the Law and Permission Rules

By | August 14, 2016

Once you start engaging in email marketing, it’s important that you understand and comply with the laws that were designed to protect you and the consumer.

Remember that these laws protect both the business and the consumer.

When you look at that way, it doesn’t seem as bad that there are laws regarding email marketing.

Educate Yourself and Your Affiliates on Email Marketing

Read and get to understand the CAN-SPAM Act on the Bureau of Consumer Protection Business Center. This will help you enormously when you are creating your email marketing campaigns.

The law isn’t really hard to follow. You cannot mislead anyone via deceptive information, headers or subject lines.

You need to let your reader know the message is an advertisement and tell readers how to get off your list.

In addition, if you have affiliates, you need to be sure to keep an eye out to ensure they are following the law, too.

CAN-SPAM is at:

All Unsolicited Emails Are Not Illegal

You may not realize that once someone has purchased from you, you may put them on your email list.

Sending them email advertisements is not considered unsolicited emails, and emails sent to a corporation aren’t considered unsolicited.

If you do B2B work then you have a little bit of an easier time marketing to those businesses.

In general , any direct marketing emails that are sent without permission (former customer or opt-in) are illegal and should be avoided.

Choose a Reputable Email Autoresponder Service Provider

It will help tremendously to choose a reputable email autoresponder service provider like, or  

If you’re following their terms of services, it’s unlikely that you will break the law.

When you sign up for a service, you need to read the term of service carefully so that you don’t break their rules.  

They will cancel your account if you engage in spam activity – whether it’s on purpose or due to ignorance.

Be Safe and Follow the Path of Least Resistance

Even though you can send emails to your customer, it’s best to always get your customers to opt-in as much as possible to receiving information.

Always explain clearly what to expect from signing up for your list, and then follow through.

Try to avoid buying lists because it’s really hard to tell whether or not the person gave permission, it usually doesn’t pay off.

Finally, deal with complaints fast, and always follow your ISP’s rules as well as your autoresponder’s rules.

If you deliver quality content it’s unlikely you’ll have any issues following the laws.

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