8 Things You Should Know About the CAN SPAM Act

Marketing to previous customers might seem like an intuitive way to ensure qualified bidders know that your next auction is up and running. Sellers often collect email addresses at pickup, or through direct contact initiated by the bidder. Adding acquired emails to an email blast list for marketing purposes could absolutely boost auction outcomes. But doing so without explicitly opt-in permission is in violation of the CAN-SPAM Act.

Before you add emails to your database, consider the rules and regulations surrounding digital marketing via email. 

The “CAN-SPAM Act” sets rules and boundaries for email marketing.

The rules apply to bulk emails, as well as all commercial emails.

What is a commercial email? Commercial emails are any electronic mail message where "the primary purpose of which is the commercial advertisement or promotion of a commercial product or service....”  CAN-SPAM Act rules include:

1. Don’t use false or misleading header information.

2. Don’t use deceptive subject lines. 

3. Identify the message as an ad. 

4. Tell recipients where you’re located. 

5. Tell recipients how to opt out of receiving future marketing email from you.

6. Honor opt-out requests promptly.

7. Provide recipients with a valid return email address.

8. Monitor what others are doing on your behalf.

CLICK HERE to read more about the CAN-SPAM act! 

It’s best practice to: 

1. Ensure bidders have agreed to receive marketing emails from your business (i.e., opt-in). 

2. If bidders opt-out, don’t re-add them at a later date. 

3. Do not use AuctionNinja’s name or logo without express permission by the Company. 

4. You must provide a simple (but functional) “opt-out” or “unsubscribe” button. 

If these rules seem overwhelming, they can be. Know that there are many alternative methods for promoting your sale in front of the right people -- other ways that go beyond sending bulk emails.

CLICK HERE to check out our team’s marketing expertise! 

Written by:

Juli Dupont

October 30, 2023     Updated 04:10 PM

Juli is the customer success guru at AuctionNinja, specializing in helping sellers achieve maximum success on the platform. With a background in the estates and acquisitions department at AuctionNinja's parent company, BRG, Juli possesses a deep understanding of the challenges and dynamics of the auctioneering and estate selling industry. Her expertise makes her the go-to person for sellers navigating the ever-changing marketplace. Juli holds a Bachelor of Arts degree in English.

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