CAN-SPAM Act

Reports Updated on September 19, 2024

Benchmark enforces the CAN-SPAM Act and other privacy laws like the EU GDPR. We have the right to suspend and terminate any account that directly violates the terms mentioned in this article. All Benchmark accounts must comply with the regulations, matter their geographical location.

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What Is Spam?

Before diving into the CAN-SPAM Act, we should know what SPAM is. SPAM is the sending of unsolicited bulk messages, sent primarily through email but not limited to text messages, phone calls, and now even social media. Spam is also known as junk mail, unsolicited bulk email (UBE), and unsolicited commercial email (UCE).

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About Can-Spam Act Regulation

The federal CAN-SPAM Act was signed into law in December 2003. It has defined the basic requirements for all marketing & bulk emails.

The items below are requirements of the CAN_SPAM Act:

1. Emails must include an unsubscribe link.
2. All unsubscribe requests must be honored within ten days.
3. Provide a physical address
4. The sender’s identity and location of the email’s origin must be represented and available to the recipient.
5. The subject line should accurately state the content of the email. 
6. If your message is an advertisement, this needs to be clear.
7. If using 3rd party services, you are still obligated to comply with the CAN-Spam act.

Benchmark Email systems are designed to comply with all of the mandatory requirements of the Can-Spam Act. Moreover, our terms of service require that all senders comply with the best practice recommendations provided by the CAN-SPAM Act.

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Can-Spam Act Limitations for Subject Lines

The CAN-SPAM Act requires that your subject line accurately reflects the contents of your email. Your subject line must not use tricks to get contacts to open an email. For example, suppose you give away free merchandise with a conditional purchase. In that case, your subject line cannot say “Free XYZ” but would have to include the information about the conditions associated with the giveaway.

Examples of acceptable subject lines:

• “7 Days in NY for $100 (with a timeshare investment)”
• “Unlimited Downloads (with automatic monthly billing)”
• “0% APR for 60 Months (not all applicants will qualify)”
• “$159 Flights to Europe (restrictions apply)”

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Physical Address and Unsubscribe Link

To comply with the CAN-SPAM act Benchmark added two requirements to our Anti-Spam Policy.

All emails sent include:

1. Physical Business Address

A physical business address must be added to your email before sending. The address in your account’s profile will autofill by default. If there is no address, you’ll need to enter one before sending your email. 

2. Unsubscribe Link

The unsubscribe is added by default in all emails. It is located in the footer of your email in the Manage Subscription block; the unsubscribe link can not be deleted or modified. When a contact clicks on the unsubscribe link in the footer of the email, they’ll be asked to confirm their choice, and once confirmed, the contact will immediately be added to your Master Unsubscribe list. Contacts in the master unsubscribe list are excluded from all email communication. 

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Benchmark Anti-Spam Protection

Benchmark Email has many practices to help ensure the best deliverability rates and experiences for senders and receivers alike. Preventing SPAM is something we strongly believe in. We reserve the right to disable any account if we suspect it is being used for SPAM. Measures taken by Benchmark Email to combat SPAM include the following:

• Limitations on Free Trial: To prevent a spammer from signing up with a free trial, we have placed limitations on the availability of services for unpaid accounts.
• Email Approval: Every email created in Benchmark Email goes through a verification process and must be approved by one of our account specialists before it can be scheduled for delivery. This is to ensure that the content within each email complies with Benchmark Email’s Terms of Use.
• Email List Approval: Every list uploaded into Benchmark Email undergoes an approval process. During this process, the list is also inspected for addresses that may be associated with SPAM traps.
• Email Verification: Before allowing users to set their “Reply to” and “From” email addresses in emails, Benchmark requires verifying ownership of the email address. This prevents a sender from misleading their subscribers with false contact information.
• Abuse Monitoring: Accounts are monitored for abuse complaints, and any account that exceeds an acceptable level of complaints may be disabled or placed under review.

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If you have any questions, please contact our support team.