4 Must Haves For Email Marketing Compliance For Digital Product Creators

Email marketing is one of the most popular ways to communicate with your audience as a business owner and in my opinion, it’s also one of the BEST ways to do it.

Unlike social media, you have a little more control over your email marketing because you aren't chained to a platform that you don’t own. With Instagram, for example, you’re at the mercy of the app and you never know when it’s going to glitch, have an outage, or be deleted altogether. 

Email marketing platforms give you a little more power and ownership and the ability to communicate with your audience whenever and however you want! 

With that, however, you want to make sure you’re using email marketing in a way that’s in compliance with the law. And I know what you’re thinking…

“Of courseeee Amber is going to hit us with the legalities.” 🙄

HECK YEAH I AM! But I promise it’s for your own good. 

I don’t preach the law of online business just for the fun of it – because let’s be real, there are a lot of other professions out there that would probably be more fun. 

But I’ve made it my mission to make the ins and outs of running a business super simple for you. There’s a lot of complex information out there and you have better things to do with your time than scour the internet for all of it. 

So I do it for you – and even better, I simplify it so you ACTUALLY understand it and can implement it. 

My hope is that with The Boutique Lawyer, you find the information and education you need to build, grow, and run your business with ease. 

In this blog post, I’m zooming into the must haves for email marketing compliance specifically, so if you have an email list (or plan to one day), keep reading for the nitty gritty. ⬇️

4 Must Haves For Email Marketing Compliance In Online Business

1. Use clear “from” lines

Have you ever opened your inbox to find an email with a shady “from” line and you’re like, “I’m sorry, WHO is emailing me?!” 🧐 Just to open it and realize that it’s someone you are legitimately subscribed to, but they’re just trying to be cute?

That’s not a good look! 

One of the most important parts of email marketing is that you’re always up front and clear about who is sending the email so that people actually want to open and read your content. 

While using something like “your bestie” might seem cute and fun, it’s actually very misleading and can come off extremely spammy!

Many people are very selective about who they allow in their inbox, so don’t ruin it with a shady “from” line – instead, just be who you say you are.

2. Avoid clickbait subject lines

Similar to avoiding shady “from” lines, you also want to avoid clickbait subject lines. I’m sure we’re all familiar with the infamous “make $10k in a day!” boss babe vibes and while this bait-and-switch marketing technique might have once worked, things have changed and your audience wants authentic, honest, and clear content.

They’re not here for the stuff that gets their attention and hopes up and then tricks them. MAJOR ICK. 🤢

While these headlines might increase your open rates, when subscribers realize it's a bait-and-switch, you're going to lose some (actually a LOT) of your credibility.

There’s nothing wrong with being clever in your marketing, but make sure it’s honest and legit! 

3. Provide a mailing address in the footer

Did you know that you are legally REQUIRED to include a mailing address in the footer of your marketing emails?

The primary reason for this requirement is to provide your recipients with a way to identify and contact you if needed. It also adds transparency and accountability to email marketing practices, helping to reduce spam and fraudulent activities.

Including a physical mailing address also builds trust with your recipients by showing that you as  the sender is a legitimate business with a physical presence, which can reassure your subscribers and make them more likely to engage with your email content.

Failure to include a mailing address in marketing emails can result in legal consequences, including fines and penalties, so it's important to comply. In fact, most email marketing platforms won’t even allow you to send an email without providing your address first!

Now, if you’re a business owner that works from home and you don’t have a physical business address outside of your home, you might be wondering what your options are – because I get it! I personally don’t want to give out my home address to random strangers on the internet either.

If you’re like many online business owners in this boat, you have a few options: 

• Use a P.O. Box – renting a P.O. Box from your local post office or a private mailbox service can provide you with a mailing address that you can use in your marketing emails to keep your home address private while still fulfilling the legal requirement.
• Virtual Office Address – another option is to use a virtual office service, which provides you with a professional business address without the need for physical office space. Many virtual office services also offer mail forwarding, so you can receive correspondence at your home address discreetly.
• Registered Agent Service – some companies offer registered agent services, which include providing a legal address for receiving official mail and correspondence on behalf of businesses. While primarily used for legal purposes, this address can also be used in marketing emails.

4. Have a clear unsubscribe button

Another legal requirement in the email marketing space is having a CLEAR unsubscribe button so that people can easily opt-out if they wish. 

There is truly nothing more annoying than when you want to unsubscribe from an email and the button is impossible to find. Not only is this unethical, it’s ultimately just a bad look for your subscribers. 

You should never try to keep people on your email list that don’t want to be there – after all, your email list should be a place that’s full of people who WANT to hear from you! 

So, don’t hide the unsubscribe or make it complicated just for the sake of trying to keep a certain subscriber count. Doing so could result in an annoyed audience, which is really the exact opposite of what you really want.

Overall, utilizing email marketing in your business is a GREAT thing… when you do it right. So, don’t skip these must haves. Your audience will appreciate it!

⭐️ OH and if you plan to collect email addresses from your website in any capacity to grow your list, make sure you include a Privacy Policy that’s readily available for your website visitors. I break down the risk of NOT including this legal agreement here!

⭐️ And if you’re looking to really change the game with email marketing in your business, this membership will do the trick – I know from personal experience!

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If we haven’t had the chance to *virtually* meet yet, hey I’m Amber – not a regular lawyer, but a cool lawyer that helps online business owners sell without getting sued. 

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