You know, it’s funny how many people know about the CAN-SPAM Act but don’t think that it applies to them. Yes, Healthcare Staffing Recruiters… I am talking to you! If you are using email in your business, the CAN-SPAM act establishes requirements for every message you send regardless of Bulk email or not and allows recipients of your email to ask you to stop emailing them.
Bulk or mass email is defined as sending out electronic email to large groups at one time. BlueSky defines Bulk email as anything over 100 emails at one time. The question becomes are you sending email that is solicited or is it unsolicited aka SPAM?
How do you know if it is solicited email?
Solicited email is where the recipient has CHOSEN to get email from you , AKA opt-in and they have the option to not receive email from you AKA opt-out.
What is defined as SPAM?
Unsolicited email is any message, regardless of what it says is sent to multiple recipients who have not requested the mail.
Why is it so important that I follow the CAN-SPAM Act?
Each separate email that is in violation of the CAN-SPAM Act can be subject up to a $16,000 penalty. So let’s put this into perspective. If you send out 1000 unsolicited emails and you are taken to court you can get fined $16 Million. That’s HUGE. The government takes SPAM very seriously and you should too.
There are seven rules of engagement that you need to be concerned and very aware of with in sending email to be in compliance with the CAN-SPAM Act:
1. Don’t Use false or deceptive information in the header of the email. In other words the FROM and REPLY to must be accurate.
2. Don’t use misleading email subjects. The email subject should truthfully echo the content of the email that you have sent.
3. Do classify your email as an add. There is flexibility in how you do this but this needs to be clearly identified in your email.
4. Do tell recipients where you are located. This needs to be your postal address and can be either a physical address or a P.O. Box
5. Do give recipients the option to opt-out of future emails from you. Opting out must be clearly identified that any person can read and understand and then once they have opted out make sure that that they no longer receive emails from you.
6. Do respect the request of a opt out requests and take care of them quickly. Bluesky has automated this process, as many email marketing software have done as well, so if a person opts out of a system generated email we automatically ensure they do not get emails again.
7. Do observe what someone is sending on your behalf. The law is clear that if you have hired a marketing agency and they are sending emails on your behalf then you are liable. Just because you are not the one sending it doesn’t mean that you are not legally responsible for this email.
If you are aware and follow these rules then you will be protected. Medical Staffing Agency owners and IT manager need make sure that your team is aware of the CAN-SPAM laws. You, as a company, are liable for what they send. Many companies are holding annual compliance seminars and training on email laws just as they do sexual harassment training. Let us know, is your company aware of the implications of Mass email? How do you manage email internally?
