Guidelines for sending promotional emails and complying with the CAN-SPAM Act.
Marketing emails differ from personal emails. A marketing email refers to any “commercial electronic mail message.” These messages have the “primary purpose of commercial advertisement or promotion of a commercial product or service (including content on an internet website operated for a commercial purpose).” This includes newsletters, event invitations, announcements, promotions, and prospective student marketing.
In 2003, the CAN-SPAM Act was signed into law and empowers the Federal Trade Commission (FTC) to regulate and control the use of commercial electronic mail messages. Each violation of CAN-SPAM is subject to heavy financial penalties, up to $16,000 per email.
If you are sending an email for marketing purposes, the email and listserv setup must follow these guidelines to ensure CAN-SPAM compliance:
- It is best practice to receive permission from the subscriber before placing them on an email list.
- The email should be clearly and properly branded so it is clear the communication is from the College of the Liberal Arts.
- When someone subscribes to your list, make sure you are only emailing them what they subscribed to and the email provides value and relevance.
- Misleading subject lines and misleading “from” addresses/headers are prohibited.
- A footer that includes opt-out information (unsubscribe link), your physical address, and a sentence that identifies your email as an advertisement, must be used in each email deployed to a listserv.
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Two ways to identify that your email is an advertisement:
This advertisement was sent on behalf of Penn State College of the Liberal Arts.
You are receiving this advertisement because of your affiliation with Penn State College of the Liberal Arts.
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- Opt-out (unsubscribe) requests must be processed within 10 days. If you are using LISTSERV, Mailchimp or Benchmark, this will be taken care of for you.
- Subscriber privacy and data must be protected.
- Avoid over-emailing. Do not SPAM the subscriber.
- Purchasing, sharing, or selling of email addresses is prohibited.
Opt-out/Unsubscribe Email Footer
We’ve created instructions to Add an Unsubscribe Footer to a LISTSERV. If you are not using a LISTSERV, you can still visit this page to view an Email Footer Example.
Emailing Outside of the United States
Note: CAN-SPAM only pertains to electronic communications sent to subscribers residing in the United States. If you have subscribers residing outside of the USA, or using a foreign email address, please contact the Office of Strategic Communications for foreign legislation and regulations.
Additional Resources
- 15 USC Ch. 103 – The CAN-SPAM Act
- 16 CFR Part 316 – Definitions and Implementation Under the CAN-SPAM Act; Final Rule
- FTC Approves New Rule Provision Under The CAN-SPAM Act – 2008
These guidelines have been adapted from the Penn State College of Agricultural Sciences.