Skip to main content

 

Hi I got a question. I’ve been following the Khy brand ever since they launched, and I noticed that all their emails have a footer like shown in the screenshot. There are no business physical address…

 

 

It states in the Can-Spam Act that the business address is required: https://www.ftc.gov/business-guidance/resources/can-spam-act-compliance-guide-business#:~:text=Tell%20recipients%20where%20you%E2%80%99re%20located.

 

Curious how are they able to get away with it, let alone for such a big brand that has so many eyes on them? I ask it here because Khy is using Klaviyo for email marketing. 

 

What are the repercussions of this and do they get any deliverability hit?

Hi @Ken9p!

 

I can’t speak on the legality or performance of this brand’s emails, but we do strongly encourage adhering to the rules you referenced and including a business address, in order to avoid any violations or deliverability issues.

 

Best,

Brian


Thanks for the reply @Brian Turcotte . Yes  I agree we should all follow the CAN-SPAM Act requirements for marketing emails. I see the FTC states that violating the CAN-SPAM Act is subjected up to a $50k penalty for each separate email

 

Does Klaviyo police situations like this if their customers are disregarding the CAN-SPAM Act requirements? What are the potential repercussions of this that Klaviyo will enforce?

 

 


Hi @Ken9p,

 

Klaviyo cannot advise on the legality of marketing practices and is therefore not responsible for policing violations, so we can only strongly encourage everyone to follow the requirements.

 

Best,

Brian


Okay thanks @Brian Turcotte


In many countries, including the United States, laws like the CAN-SPAM Act require businesses to include a physical address in their marketing emails. However, some companies may be exempt from this requirement if they are using an alternate, compliant method to meet the necessary regulations, such as using a P.O. box or relying on a third-party service for email marketing that handles such details.

Additionally, some businesses may choose not to include their physical address directly in the email but instead provide an option for recipients to unsubscribe or update their preferences, which can satisfy certain legal requirements.

If you're referring to a specific service or company like "Khy," it may be using one of these methods or adhering to local privacy and digital communication laws.


Reply