Internet Fundraising - CAN-SPAM for Nonprofits: When the Rules Apply
CAN-SPAM is the federal law regarding the sending of any unsolicited email. And it applies to nonprofit and faith-based organizations.
Does your organization sell merchandise or deliver commercial offers from corporate sponsors to your donors or members? If so, email messages containing such offers are subject to the rules of the CAN-SPAM Act.
According to Lindy Litrides, an expert in direct response, privacy and ethics issues and principal of Litrides and Associates in Atlanta, here are six things mandated in the new law and what you need to do to comply:
- Give clear and conspicuous notice of the opportunity to opt-out. The notice must be in every email message containing a commercial offer and must be provided to all individuals receiving the message whether or not they have opted-in to receive commercial email offers.
- Provide a functioning opt-out in every commercial email message. This can be a return email address or other Internet-based mechanism that is capable of receiving opt-out requests for at least 30 days after the transmission of the original message. The keys here are that the mechanism must be Internet-based and it must function. Also, the sender may not send subsequent offers more than 10 business days after a recipient has requested to not receive further advertisements or offers. Further, if the recipient has opted-out, the sender may not rent, exchange or otherwise transfer or release the email address of the recipient.
- Provide a valid physical postal address of the sender. While the law is unclear whether or not a post office box or mail drop is considered a valid physical postal address, ethical business practices recommend that a street address be used.
- Be clear that the email is an advertisement to individuals who have not opted-in to receive commercial email messages. If you have an in-house list, or rent a list of individuals who have opted-in to receive commercial email offers, you are exempt from the requirements that would otherwise force the use of words like "advertisement" or "solicitation" to label the message. The rest of the rules, however, apply.
- If you are sending an offer to individuals who have not opted-in to receive commercial email offers, you must make it clear that the message is a promotion, advertisement or offer. This can be accomplished by using phrases such as "you might be especially interested in this offer" in the body copy of the email.
- Use a valid header. Specifically, make sure the "from" line accurately and clearly reflects the sender. Something like "products@nonprofit.org," "programs@nonprofit.org" or "memberservices@nonprofit.org" could be used to identify your organization. To donors and members, this provides a comfort level because they know and trust the organizations they support.
- Use a valid subject line. There currently are no labeling requirements for the subject line ("ADV" for advertisement, for example). What is required is that the subject line not mislead recipients as to the content of the message.
For example, if your email message is an offer to purchase a new exercise video, the subject line should not be "I got your message," "Hello from a friend" or other similar statements. Rather, use a subject line that is more truthful, such as "New from your friends at ABC Organization" or "Safe exercises to improve your health."
Incorporate these six "must dos" in your emails that contain commercial offers and you'll be in compliance with the law. You'll also strengthen your relationships with donors, members -- and the general public by presenting a trustworthy image.
Source: The Nonprofit Times.
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