Can an ESP allow its users to use the ESP's physical address in marketing emails under CAN-SPAM?
Summary
What email marketers say8Marketer opinions
Email marketer from Startup Email Marketing Blog suggests startups prioritize getting a registered agent address instead of leveraging the ESP address. It enhances credibility and demonstrates a commitment to compliance, even if it requires a small investment.
Email marketer from EmailGeeks Community advises against using an ESP's address due to potential liability and a lack of transparency for recipients. They suggest it's a short-sighted strategy and businesses should prioritize establishing their own physical presence, even if it's a virtual office.
Email marketer from Reddit shares that while technically CAN-SPAM requires a valid physical address, for small businesses using an ESP, it's common practice (though potentially risky) to use the ESP's address as a temporary solution. They recommend small businesses eventually obtain their own address for compliance and branding purposes.
Email marketer from Email Marketing Tips Blog shares that there are alternatives to using a home address, such as using a PO Box or registered agent, which can help protect privacy while still complying with CAN-SPAM. She suggests using the ESP address could also raise flags.
Email marketer from Email Marketing Forum suggests that using an ESP's address could be a technical violation of CAN-SPAM, as the address should ideally be the sender's. However, they note enforcement is rare, and the FTC is unlikely to pursue small violations when larger spammers are more prevalent.
Email marketer from Quora suggests that while it is technically permissible, he recommends against using the ESP's physical address as it may cause confusion and a potential disconnect between the brand and the sender. He advocates for transparency.
Email marketer from Email Geeks shares that a small business is unlikely to be penalized for including an ESP address. Enforcement is minimal and typically targets large companies with significant fines. She thinks the address requirement is outdated and should be replaced by one where it's on the business website.
Email marketer from Marketing Over Coffee Podcast shares that ESP address as a solution is not a sustainable long-term strategy for building brand trust. You risk being marked as spam due to the sender address vs the brand.
What the experts say3Expert opinions
Expert from Email Geeks shares that some ESPs might interpret the requirement to include a physical address in emails differently, depending on their involvement in targeting, content, and lists. He think it's a bad idea for them to use their own address though.
Expert from Word to the Wise, Laura Atkins, responds that under CAN-SPAM, all commercial email in the US must have a postal address, even cold outreach. She also shares some of the history of CAN-SPAM and why it was included.
Expert from Email Geeks explains that under CAN-SPAM in the US, all commercial marketing emails must have a valid physical address. This applies to various types of emails, including transactional and cold outreach. It's common for ESPs to include this information by default, especially for smaller senders. If an ESP acts as a mail drop for a small business operating from home, using the ESP's address might technically violate CAN-SPAM, but prosecution is unlikely.
What the documentation says5Technical articles
Documentation from Constant Contact Resource highlights the importance of CAN-SPAM compliance. Their documentation details all aspects including including your business's physical address in every email and how to ensure it's up to date.
Documentation from SocketLabs.com highlights the CAN-SPAM Act requirement for a valid physical postal address in every email. While it doesn't explicitly prohibit using an ESP's address, it implies the address should be that of the business sending the email. Using a PO Box or commercial mail receiving agency address is also acceptable.
Documentation from Mailchimp Resource explains that CAN-SPAM requires including your organization's physical mailing address in every marketing email. This helps identify the sender and provides a way for recipients to contact you. They recommend ensuring the address is accurate and up-to-date.
Documentation from FTC.gov explains that CAN-SPAM requires your message to include your valid physical postal address. This can be your current street address, a post office box you’ve registered with the U.S. Postal Service, or a private mailbox you’ve registered with a commercial mail receiving agency established under Postal Service regulations.
Documentation from Sendinblue.com states that providing a physical mailing address is mandatory under CAN-SPAM. The address must be valid, but can be a current street address, a P.O. box, or a private mailbox obtained from a commercial mail receiving agency. They do not directly address if an ESP address is acceptable.