Fight Illegal Practices and Get Compensation for Damages

Companies must adhere to these rules and if they violate any of these rules, you may be able to sue them and collect money for damages.

If you believe any of your consumer rights may have been violated, you may be entitled to monetary compensation.

CARES Act

The CARES Act is the Coronavirus Aid, Relief, and Economic Security (CARES) Act enacted on March 27, 2020. This is a relief package that also made adjustments to the credit reporting provisions under the FCRA during the COVID-19 pandemic.

Credit Card Act of 2009

This act removed the confusing language in credit card contracts and brought transparency to fees and interest rates. The goal: no more surprise charges on our bills.

Credit Repair Organizations Act

This law explains your rights as a consumer when dealing with credit repair companies. The biggest takeaway: don’t pay credit repair companies before the services are rendered.

Electronic Funds Transfer Act

Electronic transfer of funds is now the norm. This law brought about rules that provide full disclosure about fees and security to consumers using ATMs and online payment systems.

Fair Credit Reporting Act

Under this act, we get a free credit report each year, from EACH credit reporting agency. We now also have better paths to dispute any incorrect information on our reports.

Fair Debt Collection Practices Act

This protects us from any unethical practices of debt collection agencies. The way these companies reach out to us is now more strictly regulated.

Telephone Consumer Protection Act

There are tight rules regarding the practices surrounding telemarketing and autodialing. Companies reaching out to you for commercial matters need to have your permission before making calls.

Truth-in-Lending Act

This law requires lenders to disclose the terms of credit. It brings transparency to the whole process.

If you’re unsure whether a creditor or marketer is violating a law, call 877-735-8600 or fill out the case review form and we can determine if you have a case.

CANSPAM ACT

The CAN–SPAM Act, a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have you stop emailing them, and spells out tough penalties for violations. Despite its name, the CAN–SPAM Act doesn’t apply just to bulk email

NOW THE DETAILS….

What is the CARES Act?

The CARES Act is the Coronavirus Aid, Relief, and Economic Security (CARES) Act enacted on March 27, 2020. It is an over $2 trillion relief package. The CARES Act is to help the American people with the economic impacts of COVID-19.

The CARES Act aims to help:

• American Families and American Workers
• Small Businesses
• State Governments and Local Governments

The CARES Act and Your Credit

With so many Americans affected financially by the COVID-19 outbreak the CARES Act is meant to help. Right now, unless you have an emergency fund, credit may be your only option.

Payment history is the largest factor in your credit score. Many people are worrying about what will happen to their credit when they can’t make payments.

The CARES Act and Payments to Creditors and Lenders

Under the CARES Act, creditors must make “accommodations” for people having trouble making payments. This does not mean that you can stop making payments. It means that they must offer you some other type of payment arrangement. You must contact your creditor or lender to make any special arrangements. The arrangements they make with you will vary.

Types of agreements many creditors and lenders are making

• Forbearance
• Deferment
• Loan modifications like lower interest rates or loan extensions
• Partial or flexible payments

CARES Act and Credit Reports

If you made an arrangement with a creditor they cannot report your payments as past due. This is as long as your account was already current. This applies to agreements made between Jan 31, 2020 and 120 days after March 27, 2020 or 120 days after the COVID-19 national emergency ends.

How Creditors and Lenders Report to the Credit Bureaus under the CARES Act

• If you are current on payments and make special arrangements, creditors must report the account as current.
• If you were already delinquent on payments and you make special arrangements, your account will be reported as delinquent until you bring it back to current.
• Late and missed payments CANNOT be reported if you have already made arrangements.
• Charge offs may still continue to be reported as a charge off
• Some creditors may use a special code for natural disasters on credit reports for delinquent accounts, this is not required.
  • FICO does not consider disaster codes for credit scoring.
  • VantageScore will not use late payments with a disaster code for credit scoring.

Important Steps to Take When Making Payment Arrangements

It is important to document all payment arrangements that you make. Be sure that you understand all terms of your agreement. Keep records and notes of every phone call. Get names of people you speak with and write down what time you spoke to them etc. Take screenshots, save emails. Keep track of everything and keep it organized.

Check Your Credit Report Often

Once you have made arrangements, it will be important to keep an eye on your credit report.

• You can get 1 free credit report each year from the three credit bureaus Equifax, Experian, and TransUnion. Right now they are offering free credit reports weekly through April 2021 visit www.annualcreditreport.com
• Check the status of the accounts you have made arrangements with.
• Make sure that if you agreed to skip any payments they are not reporting the account as delinquent
• Dispute credit report errors with the bureaus and the creditor
• Credit bureaus now have 45 days to correct errors, normally under the FCRA they had 30 days

What’s the Credit CARD Act of 2009?

Until this law went into place, the average consumer was fed up with the way credit card companies were treating them.

Inconsistent fee increases and vague rules were meaning we were left footing the bills and the credit card agencies were just racking in the dough.

After many complaints to both regulators and legislators, lawmakers finally decided to take action and clean up some of the credit issues that many Americans were facing.

Passed by the United States Congress and signed by President Obama in May of 2009, the Credit Card Accountability Responsibility and Disclosure (CARD) Act of 2009 is meant to bring fairness and transparency to the customers of credit card agencies.

For this reason, the act is also sometimes referred to as the Credit Cardholder Bill of Rights.

What Exactly Does the Credit CARD Act of 2009 Do for Me?

More than 80% of Americans have at least one credit card, and more than 44% carry a card with a continuous balance. And with more than $15 billion in penalty fees racking up every year, this reform affects every credit cardholder.

U.S. cardholders became tired of all the obscure language rules and unexpected and unplanned rate changes.

This consumer protection law stops hidden fees and unfair rate hikes and clear up a lot of confusion that surrounds the credit card payment process.

The new law gives consumers something that they should have had from the beginning; transparency and accountability from the credit card companies.

What Has Changed Since This Went Live?

Here are some changes made that have improved disclosures given and ended many practices that consumers have seen as unfair.

Increased Transparency

The Credit CARD Act of 2009 does the following:

• Restricts retroactive rate increases: No longer are credit card companies able to increase rates on existing balances, except in the instance that a promotion given has expired.
• Bans unfair fee traps: Any interest rate hikes are given with much notice now and late fees are now better defined and standardize to avoid any confusion.
• Requires opt-ins to over-limit fees: Prior to the CARD act, consumers were able to charge past their predetermined limit. This causes an over-limit fee. Now consumers are unable to pass their limit, unless they have previously opted in to the ability to do so.
• Puts plain language in plain site: Information concerning charges, incurring interest and balances have become much more clear to the consumer. Obscure contract language and terms have been cut down and replaced with “plain English”.

Increased Accountability

The Credit CARD Act of 2009 also:

• Requires public posting of contracts: At one time, contracts were only accessible in hard copy. This requires that credit card companies post contracts and all updated versions online for consumer advocates and regulators to both monitor and keep these companies accountable.
• Makes regulators accountable: Credit card regulators are now required to monitor and report back to Congress annually on their findings. They will be following credit trends and any public issues that arise within the industry. If needed, these regulators will make any necessary updates or changes to the rules.
• Increases penalties for the cc companies: The new rules enacted will result in much higher penalties in the event that the credit card companies violate the reforms.

These updates to the standards that credit card companies must now live by and much more are meant to protect the everyday consumer.

What is the Credit Repair Organizations Act? (CROA)

Credit repair has become a big business over the years.

With the increasing importance of your credit score to make purchases, those who have experienced credit problems have been turning to various credit repair organizations to help improve their credit.

Watch Out for the Bad Credit Repair Companies

Unfortunately, there are credit repair companies that use unethical practices to improve their clients’ scores and take advantage of the consumer.

The Credit Repair Organizations Act (CROA) was put in place to make sure that consumers know their rights before choosing to work with a credit repair company.

This is one Act that really works for consumer. In fact, in 2008, the Federal Trade Commission shut down 34 credit repair organizations for violations of the CROA.

The Most Important CROA Rule to Remember

The biggest takeaway from CROA is that a credit repair company must clearly explain the payment structure to consumers seeking their help.
Always remember that you should not give any payment to credit repair companies before any services have been performed. Setup or upfront fees directly violate the rules of CROA.

Before Choosing a Credit Repair Company

Don’t be scammed. Make sure you know what credit repair companies can and cannot do with your credit before making a choice.

Before you select the credit repair organization you will use to help improve your credit, make sure that they provide you with the following:

• A contract that allows you 3-days to cancel if need be.
• A clear description of services they will provide
• Listing of payments required once services are rendered and the payment schedule
• A deadline or estimate of time that all services will be completed

What Can a Credit Repair Agency Really Do For Me?

Credit repair is a possibility. But it is important to know that a lot of companies out there are not looking out for your best interest. This is why you need to understand your rights before selecting a credit repair options. Remember, there is nothing a credit repair agency can do that you can’t do yourself.

A good credit repair company can help you:

• Dispute any inaccurate information by sending the appropriate letters
• Get copies of your credit reports
• Deal with any issues that may be on your credit report by sending in any necessary paperwork

What are These Companies Prohibited from Doing Under CROA?

The Credit Repair Organizations Act makes it clear that these companies cannot partake in deceptive advertising and is prohibited from using numerous unethical practices. These include but are not limited to:

• Lie about your credit history
• Alter your identity in any way
• Lie about the service they will provide to you
• Have you pay for service before they have been completed

Credit Repair Scams

There are many companies out there that prey on consumers with less than desirable credit. When a consumer is trying to get a loan that will help their family get a home, a car, or a job, and their credit is making it difficult, it may seem like a great idea to work with a company that is promising to repair their credit.

Consumers must be very careful when turning to credit repair companies.

Signs You’re Dealing With a Credit Repair Scam

• If there are promises of a new credit identity, or a fresh start to your credit history
• If payment is requested before any service has been provided
• If the company tries to prevent you from contacting the credit reporting agencies yourself
• If they try to dispute information on your credit report that you know is accurate
• If they tell you to lie on credit applications
• If they don’t explain your legal rights
• If they tell you to use a CPN (a credit profile number or a credit privacy number) or they have you apply for an EIN from the IRS
  • An EIN is an employer identification number from the IRS used by businesses. It is a federal crime to get an EIN under false pretenses.
  • Credit Repair Scams may also have you change your social security number. Some of them give you a number to use that is a stolen social security number, involving you in identity theft.

Your Credit Repair Rights

Under the Credit Repair Organization Act (CROA), credit repair companies are not allowed to lie about what they can do for you, or charge you before performing services. They must provide you with a written contract that details their services and your rights. You have the right to cancel without charge within three days. They must also provide you with how long it will take, the total cost, and any guarantees.

The Electronic Funds Transfer Act (EFT Act)

Nowadays, money is constantly transferred electronically. It was only a few decades ago when passing funds off via the web or ATMs was a foreign idea to most. But today, most people send and receive payments electronically.

The Electronic Funds Transfer Act was signed into legislature in 1978 to protect the rights of consumers and clarify the rules involved in transferring funds electronically.

This law is aimed specifically at the exchange of money via ATMs, banks, computers, telephone or any electronic terminal.

What are the Benefits of the Electronic Funds Transfer Act

How has the Act protected you? Here are a few of the elements of the Electronic Funds Transfer Act that have standardized the way we transfer electronically and how it provides clarity to us all.

There Must Be a Clear Fee Notification

When making a transaction electronically, if there is ever a fee associated with that transaction, you should be notified.

You notice this especially when taking a withdrawal at an ATM and a notification appears stating the fee amount that will be charged to your account if you proceed.

Prior to this act, the fee was not prominently displayed or very clear to the consumer. This allows you a choice on whether you want to go through with the transaction and pay that fee.

There Must Be Full Disclosure

When transactions are passed to a consumer’s bank account, there is a required link to the terms and conditions.

The language within these terms must be clear and comprehensible.

All fees, important dates, contact information and instruction on how to stop payment must be outlined.

In addition to this, all financial institutions are required to supply the consumer with a log of all transactions as well as periodic statements, either electronically or via the snail mail.

You Are Protected If the Bank Makes an Error

The Electronic Funds Transfer Act also protects the consumer in the event of any error by the institution. This can include but is not limited to:

• failure to stop payment when correct procedure was followed
• mistakes made during processing
• failure to credit an account

Written Authorization is Required Before Electronic Transfers Are Allowed

Banks and other forms of financial institutions must receive written consent from the consumer before setting up and processing any electronic transfer.

On the contrary, any stop payment can be done both in written form or verbally, which may later be authorized via a letter. The consent is necessary to avoid any type of identity theft.

With Technology Comes Risk

As you can see, it’s very important to know our rights when transferring money to and from accounts. We all want to protect the thing that we work so hard for – our money.

Fair Credit Reporting Act (FCRA) – Summary of Your Rights

The Fair Credit Reporting Act (FCRA) was put in place to help protect the accuracy and privacy of your information that the credit or consumer reporting agencies use. This information may be used to determine loan or credit amounts or interest rates. It is also used for housing, employment, or even check cashing.

Fair Credit Reporting Act FCRA – Know Your Rights

• You must be notified if a credit or consumer report has been used against you – if you have been denied credit, housing, employment, or anything else due to information found in your credit report, background check, or any kind of employment screening, those using the information must tell you, and they must give you the name, address, and phone number of the agency that provide them with the information.
• You are entitled to a copy of your file – you can request a copy of your file from any credit reporting or consumer reporting agency. You will need proper identification to do so. You may also be entitled to a free file disclosure if the information in the report was used against you, you have a fraud alert on your file due to identity theft, your file has fraudulent errors, you are on public assistance, or you are unemployed and seeking employment within the next 60 days.
• Free Credit Report – everyone is entitled to a free credit report from each of the three large credit bureaus every 12 months.  You can go to annualcreditreport.com and request a free report from Experian, TransUnion, and Equifax, or you can contact each bureau directly and request a free copy.
• You have the right to ask for your credit score – though it may not be free, you do have the right to ask for your credit score from consumer agencies that create or distribute them.
• Dispute Errors on your Consumer Reports – If you find mistakes on your credit report, background checks, or any consumer report, you have the right to report it to the agency that provided the report. The agency must look into the errors.
• Inaccuracies must be corrected or removed – if you found mistakes and reported them to the consumer reporting agency and they cannot verify that the information is in fact correct, they must remove it within 30 days.
• Outdated Negative information cannot be reported – negative information over seven years old is not allowed to be used in your credit report, bankruptcies over ten years old may not be reported.
• Access to your info is limited – only those who have a legitimate need are allowed access to information in your consumer reports. This is generally someone you would be doing business with, such as an employer, landlord, creditor, or an insurer.
• Employers must have your consent to access your consumer reports – Any current or potential employer must have your written consent in order to access any of your consumer reports such as a credit report, background check, or any pre employment screening. The only exception is the trucking industry
• You may seek damages – you have the right to sue a consumer reporting agency and, in some cases, the person that used the consumer reporting agency that violates the FCRA.

This is just a summary of the rights you have under the FCRA. Your state may have even more protection for consumers.

The Fair Debt Collection Practices Act

What is the FDCPA – Fair Debt Collection Practices Act?

The Fair Debt Collection Practices Act (FDCPA) is an amendment that was made to the Consumer Credit Protection Act. The FDCPA prevents debt collectors from engaging in abusive, deceptive, and unfair tactics while trying to collect a debt.

With so many debt collection companies out there, it’s important to know what rights you have to protect yourself from any illegal actions used by debt collectors.

FDCPA – Know Your Rights

• Restricted Contact Hours – Debt collectors can only call consumers within the hours of 8am and 9pm.
• Continuous Contact is Not Allowed – Calling continuously with the intent to annoy or harass the consumer into taking action on their debts is prohibited.
• Work Contact Restrictions – Debt Collectors are not allowed to contact consumers at their place of employment if they tell them they cannot receive calls at work.
• Attorney First – Debt collection companies are not allowed to call the consumer if it is known that they have an attorney representing them on the matter of the debt.
• Validation Check – Collection agencies are not allowed to contact the person if he or she has requested validation on the declared debt during the required validation period (typically the first 30 days).
• Unethical or Abusive Actions – Collection agents CANNOT use these abusive debt collection tactics:
  • Profane language
  • Threaten arrest
  • Threaten legal action
  • Lie about the amounts owed
  • Publish the consumer’s information on “bad debt” lists
  • Use public media (postcards or telegrams) to reach the consumer

How to Sue a Debt Collection Agency

If you feel that your rights under the Fair Debt Collections Practices Act (FDCPA) have been violated, you have the right to sue the debt collection agency. You must file within one year from the date that your rights were violated.

Keep records of all contact that you have with a debt collection agency. Keep copies of all documents sent in the mail or online. Document all calls, including times of the calls and names of people that have contacted you regarding the debt.

When you win in court against a debt collector, the judge can require them to pay for any damages you prove that you have suffered, including lost wages or any medical bills. The judge may also have them pay you $1,000 even if you cannot prove the damages. Attorney’s fees and court costs may also be paid for by the debt collector.

Telephone Consumer Protection Act

How to Use TCPA Against Any Company and Potentially Collect $500-$1,500 Per Violation

With the Telephone Consumer Protection Act, the Federal Communications Commission (FCC) issued rules and regulations concerning autodialing, auto text messaging, telemarketing, faxing, and using prerecorded messages.

This act means collection agencies, creditors, telemarketers and all companies have many more rules about how they can call you.

You have the law behind you when you are dealing with harassing creditors or collectors. Know your rights.

The Strict Rules of the TCPA

Some of the most important rules that were enacted by the Telephone Consumer Protection Act include:

• Auto-dialers CANNOT call emergency lines, hospital guest rooms, heath-care facilities or retirement homes
• Auto-dialers CANNOT call your cell phone without prior written consent
• Auto-dialers CANNOT text your cell phone without prior written consent
• Each company must keep their own Do Not Call (DNC) list. When a consumer requests to not be contacted again, that company MUST add them to their DNC list. This is supposed to ensure the consumer never receives another call from that company.
• Each company must regularly “scrub” any call lists against all ‘Do Not Call’ lists to make sure they do not violate this rule.
• Each company must have a detailed description of call procedures and have training programs in place for their employees so they all know the rules of the TCPA
• Solicitors must provide full and prompt disclosure about who they are and why they’re calling

New TCPA Rules for Creditors, Collectors and Corporations

The rules of the phone act are constantly evolving. Here are some recent additions to the law:

1. Before any type of soliciting call is made, prior written consent required. This consent can be obtained through you checking an “authorized to contact” box on an online form.
2. A past business relationship with the consumer is no longer a viable way to circumvent the written requirement.
3. July 6th 2020: In 2015 an exception was made for debt collectors that were collecting on behalf of the federal government. This meant that debt collectors could make automated calls to your cell phone if they were collecting money owed to the federal government. On July 6, 2020 The Supreme Court ruled that the exception for federal debt collectors to make robocalls violates the Constitution. This means that NO debt collectors can use an auto-dialer or robocall to contact you on your cell phone.

What to Do If a Company Violates the Do Not Call List or Other TCPA Rules

If a consumer is contacted in violation of the statutes of the law, damages can result in anywhere from $500-$1,500 per violation.

So, if a company calls you twice after you’ve requested to be on their DNC list, you may be able to sue them for $500-$1,500 for each of those two calls that were in violation of TCPA.

Many people have successfully sued for damages and won settlements. You could be next.

Who Must Adhere to These TCPA Rules?

Solicitors

Debt collection companies and creditors call consumers for commercial purposes. These are the calls you receive at home, work or on your cell phone where a company is attempting to offer you products or services.

One important note: the TCPA does not affect calls that occur for informational or verification purposes (such as the phone company calling you to inform you that power is out, or your bank calling to make sure you authorized a payment on your account).

Auto-dialers

An auto-dialer phone call is where there is a live person or a prerecorded message or text using a call software or automatic dialing system. You can often tell that an auto-dialer is being used if you hear a brief pause before the person on the other end responds.

This system stores and calls phone numbers in a sequential or randomized order.

Robo-calling is another form of autodialing where prerecorded messages are used to contact you or live people are calling you.

Debt Collectors, Creditors and Marketing Companies

Under the TCPA, debt collection agencies are not allowed to call you on your mobile phone using an auto dialer or pre-recorded message. In addition, they cannot auto-text you. This also includes creditors and any company reaching out to you.

That last part about auto dialers and recorder messages is important. Debt collectors and creditors are allowed to call your cell phone if they manually dial your number and have a human on the other end.

There have been challenges to TCPA about whether debt collectors have to stick to other TCPA rules.

If debt collectors have been calling you at all hours or harassing you in other ways, you may be able to fight back citing the TCPA. Ask an attorney about your options.

Someone Calling You And Not Sticking to the Rules?

Not all companies are sticking to the rules like they should.

If a company has been calling you and violating any of these rules, you can file a complaint and possibly receive compensation.

Call us today to see if you can get compensation for this illegal phone harassment. We can help you when dealing with violations concerning collectors, creditors and/or solicitors.

Truth in Lending Act (TILA)

What is the Truth in Lending Act?

When we use our credit cards, get a mortgage on our houses, or do any credit-based transaction where borrowing money is concerned, we are making a contract with a lending institution.

The Truth in Lending Act (TILA) protects borrowers by requiring the lender to fully disclose the terms of the credit.

The lender must disclose the amount or percentage required to satisfy the loan, and must also be transparent concerning time limits, penalties and ownership of the loan.

How am I protected by the TILA?

Understanding your options and terms when taking out a loan is important. There is often lots of fine print that borrowers may miss or not understand. Sometimes the terms of a loan may not be very clear.

Make sure to take time and review all of the disclosure material that comes along with your credit card, loan information or whatever borrowing transaction you are engaging in. There should be no surprises.

The TILA (Truth in lending act) allows you, the consumer, to file suit against a lender if you run into a situation where they claim a “rule” that they had not disclosed to you.

No undisclosed charges or payment terms

The Truth in Lending Act makes sure that the lenders cannot add in any extra charges, rates, penalties, stipulations or rules unless they have first disclosed them to the consumer or borrower.

Another benefit of this law is that it allows the lenders, creditors, banks and financial lenders to be competitive. As long as they are required to be transparent about their requirements, there is more room to vary the components of the loan.

What Should I be Aware of When Taking Out a Loan?

You should understand the basic terms that you are agreeing to, you need to be fully aware of the full cost to your credit.

Make sure you understand each aspect of your loan as it relates to these terms:

• APR (Annual percentage Rate)
• Interest rate
• Finance charges
• Points
• Service or carrying charges
• Escrow
• Loan fee
• Premiums
• Broker fees
• Appraisal fees

As a consumer, you are empowered by the Truth in Lending Act (TILA) and protected from the lender lying to you, but you are not protected if you don’t take a proactive stance and review all that they have disclosed to you.

CAN SPAM VIOLATIONS OF EMAIL

Most businesses use some form of email marketing. Whether it is a weekly newsletter or a monthly sales promotion, emails are a great way to reach an audience who wants to hear from you. After all, they all opted into your emails, right?

According to Forbes…While many email marketers know how to set up, format and schedule promotional emails, many are not familiar with the federal compliance guidelines that are in place to protect the consumer. The Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003, also known as the CAN-SPAM Act, was set up to protect consumers from unsolicited emails, regardless of bulk spam emails or commercial emails, from brands and businesses.

The CAN-SPAM Act contains several requirements that email marketers must adhere to; however, the Federal Trade Commission lists out seven main sections that can be used as a checklist to ensure that your business’s emails and newsletters are not in violation.

We strictly adhere to these requirements at my company and follow this checklist ourselves. And I regularly alert our new clients to the rules so that they are aware. While third-party email services like MailChimp or iContact make it easier to be compliant, I do notice both small and large companies missing the mark in certain cases. So, this refresher is beneficial for professionals, both new and veteran, in email marketing.

1. Keep your header honest. This means that your email must clearly and accurately identify your business (the business that is sending the email) in the “from,” “reply to” and “routing information” sections of the email.

2. Keep your subject line honest. This one is pretty simple. Do not be deceitful, misleading or inaccurate with your subject lines in an attempt to get people to open your email. Your subject line should contain a short explanation of the email contents. Best practices for an honest, yet impactful subject line include keeping it short, offering value and creating a sense of urgency.

3. Admit that it’s an ad. You do not need to use the word “ad” in the subject line or even create an image in the email that calls out that what the recipient is opening is an ad. But, per the CAN-SPAM Act, it is required that each business email sent says somewhere that it is an ad. This can be as simple as placing text at the bottom of the email saying, “This advertisement was sent by (your business name here).”

4. Don’t hide your location. Your current, valid physical business address must be located in every email. If you do not receive mail at your physical business location, then a P.O. box can be used. This is typically placed at the bottom of each email.

5. Make opting out easy. It is never fun to see an opt-out request come through. But it happens to the best of all email marketers. The CAN-SPAM Act requires that every email sent must contain a way to unsubscribe from that email list. In addition to offering the opt-out option, it must be easy to find and uncomplicated to do. Think about it this way: A 20-year-old, tech-savvy college student and a 72-year-old grandmother both should be able to unsubscribe from your email list without any complications and at the same rate of speed.

6. Quickly remove opt-outs. Most unsubscribes happen automatically, but there are some that take 24 to 48 hours. This longer time frame may irk some consumers, but as long as the person who opted-out is removed from your list within 10 business days, you are compliant with the CAN-SPAM Act. Once the consumer’s email is removed from the list, you are not permitted to use it, transfer it or sell it from that moment forward.

7. Don’t be complacent. If you are using a third party to create and manage your business’s emails, it is ultimately your responsibility to ensure that the emails are compliant with the CAN-SPAM Act. If they are not sending them to you for approval, ask to see each email before it is released. Check to ensure that all aspects of the CAN-SPAM Act are being followed.

The CAN-SPAM Act was put in place to protect consumers, but by adhering to its policies, it also creates a transparent and honest relationship between your brand or business and the customers on your email list. In addition, the more authentic your email looks and the easier it is to opt-out, the less likely your emails are to be marked as spam or junk. This is ultimately beneficial, considering that accounts with too many spam complaints may be temporarily or permanently locked down.

Infringement of the act can cost your company a lot of money, with penalties being levied on a per-email-sent basis and with fines of more than $41,000 per violation. While it might seem like a lot of work up front, once a template with all of the CAN-SPAM Act requirements is set-up, that template can easily be used for all future emails.