compliance and thresholds
Implemented in January of 2004, the CAN-SPAM Act has brought about new requirements and challenges that can seem overwhelming to any organization sending outbound email. Understanding the basic requirements of the Act is the first step towards ensuring that your email efforts remain successful and fully compliant.
CAN-SPAM Act requirements
All commercial email must contain a valid unsubscribe mechanism
All recipients of your emails must have the opportunity to unsubscribe via a link that is labeled clearly and conspicuously within each email. A generic opt-out from all communications is required; a specific opt-out from certain lists is not required, but is recommended.
Opt-out requests must be honored within 10 business days
You must make full name removal requests within the required ten business days. The FTC is scheduled to reevaluate this time frame and may make adjustments in the future.
Sender must include their valid physical postal address
You must include your physical postal address within each email. When possible, a street address is preferred, as it is not certain whether a post-office or similar postal address will satisfy the requirements of the Act. More clarity should come from the FTC in the near future.
Commercial email must provide a clear notice that it is an advertisement
Although this requirement is vague due to no specific language recommendations on how to position the "notice," it still mandates labeling for commercial mail. The exception is for permission-based emails, which do not need labeling.* The FTC plans to review and make revisions to this requirement.
Email must provide and operative return address
To permit a recipient to opt-out, a valid return address or comparable other internet-based communications technology must be provided for at least 30 days from the transmission of the message. The Act provides leniency for temporary outages.
Senders must avoid deceptive or misleading email transmission info for subject lines
This requirement focuses on the deceptive practices often used by spammers to avoid filters and encourage recipients to open a message and respond to an offer or scam. Emails that contain an accurate identification of the message's initiator are not false or misleading.
Ensure compliance with Miva Merchant Mailer 2.0
Miva Merchant Mailer 2.0's sending guidelines and thresholds are in place to prevent abuse of our email system and to ensure our clients practice permission-based, opt-in email. The guidelines below help protect the deliverability, brand reputation, and ROI for every Miva Merchant Mailer 2.0 client. Clients unable to stay within these sending guidelines will be denied continued access to the Miva Merchant Mailer systems. All Miva Merchant Mailer 2.0 clients are required to comply. Miva Merchant will take the listed action when sends meet or exceed the listed thresholds below.**
Miva Merchant Mailer 2.0 Sending Guidelines & Thresholds
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** If AOL complaint quantity is over the threshold, but the percentage is under the threshold, then the action will not be taken. Also, no action will be taken if the AOL complaint % is over the threshold but the complaint quantity is under the threshold. Clients will receive notice via email of any changes to thresholds.
Threshold enforcement procedures
Deliverability Report Card Emails and Account Warnings
Deliverability Report Cards and Account Warnings are sent to clients that have exceeded thresholds for sends in the previous week. The email provides thresholds, tips and best practices for reducing complaints and/or bounces. Depending on the severity of the problem, Miva Merchant may move the client to a probationary IP address. Continued report cards could escalate to a warning or an account hold. Any client receiving 2 warnings will be placed on hold after the second warning.
Get best practices from our B2C Deliverability Top Ten.
Account hold
Miva Merchant places an account "on hold" when we believe that a client's
sends have caused considerable harm to their brand and email deliverability. When "on hold," the "send" button will be deactivated for the account while all other account functionality remains in order. Clients will be notified via email before the account is actually put on hold.
Clients receiving an "on hold" email from Miva Merchant will be required to take specific actions on list capture, hygiene or email delivery practices, and will be required to purchase a private IP from Miva Merchant to minimize impact on other client mailings. Clients unwilling or unable to comply may be terminated per Miva Merchant's user agreement. As a rule, clients will be terminated on the 3rd "on hold" warning.
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