Our database only contains email addresses in the USA.
If your organization is GDPR compliant worldwide, you can’t use Reclai.com.
Now that’s out of the way, let’s talk about the US CAN-SPAM Act of 2003, and why Reclai.com is not only legal, but also complies with industry best practices.
According to the US CAN-SPAM Act of 2003 you do NOT need an opt-in to send email marketing in the USA. In Europe, you do; but in the US, you don’t.
To be CAN-SPAM compliant, all you need is an opt-out link in the communication, and you need to make it clear that it’s an advertisement, along with a few other requirements (see below).
If you want more details to pass along to your legal team, download our legal packet.
There are major differences between the actual CAN-SPAM laws and best practices for the Email Marketing industry.
Those differences start with Spamhaus.
Spamhaus is a large, important, and influential organization in Email Marketing.
Spamhaus’ definition of SPAM is not the law, but it’s what we’re all familiar with. It’s also what we’re taught by major Email Service Providers (ESPs) like Mailchimp and the Internet Service Providers (ISPs) like Gmail/Hotmail.
The Spamhaus definition of SPAM is the following:
"The word ‘Spam’ as applied to Email means ‘Unsolicited Bulk Email.’ Unsolicited means that the Recipient has not granted verifiable permission for the message to be sent. Bulk means that the message is sent as part of a larger collection of messages, all having substantively identical content. A message is Spam only if it is both Unsolicited and Bulk.”
Why abide by this definition, even though it’s considerably more restrictive than the law?
The ISPs agree with Spamhaus about what SPAM is, so to get delivery, you need to adhere to Spamhaus’ definition.
Two things are worth pointing out as all of this pertains to Retention.com:
We haven’t seen any deliverability consequences for any of the hundreds of clients who are using Retention.com.
We typically see open rates that are between 15 and 20% from these emails, and spam complaints are well under the 1/1,000 industry standard.
Now that we’ve established that you don’t actually need an opt-in to send legal marketing emails, let’s go over what you do need.
This is a summary created by the Federal Trade Commission of the CAN-SPAM act’s main requirements. Nowhere in the text will you see the words “opt-in.”
So, Email Marketing isn’t legally an opt-in channel in the US. Just have an opt-out.
Good to know.
We’ve established that as long as you have an opt-out link in your email, marketing to Reclai.com contacts via Email-Based Retargeting is legal.
When you partner with Reclai, you’re gaining access to our partner network of websites whose privacy policies explicitly state that information submitted via the opt-in form can and will be shared with a partner network.
Here’s an example of exactly how Reclai works.
Step 1: User fills out an opt-in form of a partner website, typically a lead-gen site. For this example, we are using atlantamagazine.com.
As a condition of registration, registrants agree that atlantamagazine.com may share their PII with the Network Sites and unaffiliated third parties. If you do not agree that atlantamagazine.com may share your PII with such entities, you may not register on atlantamagazine.com, and if you are already registered, you must immediately terminate your account, by following the instructions in “Opting-Out of Further Communications.”
The first thing you need to determine when deciding whether or not you need to take action to comply with CCPA is whether or not your business meets the applicability thresholds.
Here are the applicability thresholds; you must meet one of the following criteria:
If the answer is “no” to all of these items, you are not required to take action.
If the answer is “yes” to one or more, then the following updates are required:
This is a summary created by Tantango with a video brought to you by Innvosita Law, home to the TCPA Defense Force. Innovista's lawyers have helped companies navigate potential TCPA landmines through effective risk-mitigation and compliance strategies.
SCOTUS unanimously supported Meta on April 1, 2021.
SCOTUS ruling on Facebook v. Duguid was good news for SMS marketers, as it
could mean fewer lawsuits on automated telephone dialing systems (ATDS). But, it
does not mean open season on the Telephone Consumer Protection Act (TCPA.)
However, this ruling is not a definitive one. Sending text is allowed if not using a random number generator, but there is still potential for legal action.
The ruling provides marketers a temporary window to clean their contact list against the DNC list until further legislation is passed to prevent it.
*This page should not be considered legal advice. Seek your own legal counsel before using Reclai data for direct outreach.
For our legal packet covering summary of legal proceedings, privacy policies, and terms and conditions, you may access it here.