Saturday, July 20, 2024

Regulatory Pressures Drive Businesses Back to Email Marketing

In the face of stricter regulations on telemarketing and text message marketing, businesses are finding refuge in email marketing once again. It can be the primary marketing strategy in 2024. Businesses are switching to email marketing to avoid problems with rules like the Telephone Consumer Protection Act (TCPA). As email marketing sees a resurgence, it is crucial for businesses to brush up on compliance with the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (CAN-SPAM).

CAN-SPAM, enacted nearly two decades ago, lays down specific rules for email marketing. It prohibits the use of false or misleading information in email headers and subject lines, mandates clear identification of emails as advertisements and requires a valid physical postal address for senders. Additionally, it gives recipients the right to opt out of future emails, with businesses obligated to honor these requests promptly.

Unlike the TCPA, which demands explicit consent before contacting consumers, CAN-SPAM operates on an opt-out basis. However, it does not cover transactional or relationship messages like order confirmations. While CAN-SPAM generally supersedes state laws on email marketing, exceptions exist, such as California’s stringent regulations, which allow for private legal action against violators.

Businesses should get help from lawyers to follow email marketing laws. With rules getting stricter in other marketing areas, email marketing is becoming more popular for reaching customers.

So, it can be briefed that as rules push businesses to use email marketing again, it is important for businesses to follow the various laws implied such as the CAN-SPAM law.


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