Email Marketing Laws In 2023

You should also use an opt-out process that allows users to unsubscribe from an email list by providing them with a simple opt-out mechanism.

List management and segmentation

Email content and subject lines

It is important to ensure that individuals can easily and permanently opt out of marketing emails, and that this mechanism is clearly displayed in every marketing email you send. You can see our list of unsubscribe email examples for inspiration.

Segmentation can help you ensure that you only message recipients with information that is relevant to them.

It is also best practice to keep your content as relevant as possible to recipients. As noted above, segmenting your audience based on factors such as gender, location, and interest can help you better target your content.

List management and segmentation are essential parts of email marketing and compliance. Time should be dedicated to ensuring that all data on your list is up to date and that any opt-ins and opt-outs have been applied accordingly.

Unsubscribe processes

Having an effective unsubscribe process is essential for email marketing compliance.

Opt-in and opt-out processes

As discussed above, when an individual opts out of your email marketing list, the necessary changes should be made promptly.


Privacy policies and disclosures

We have covered some of the specific rules and regulations that US businesses need to be aware of when running marketing email campaigns. However, there are several best practices that you can adopt that will help position you for compliance across the board:

A business should have a comprehensive privacy policy that informs individuals of the personal information collected by the business, how it is used, and how it is protected.

Relevance is key when it comes to email marketing compliance. It is crucial to ensure that subject lines accurately reflect the content of the email. This will ensure that you do not mislead recipients in any way. Discover more tips on writing email subject lines in our full guide.

Your privacy policy should be easy to find and simple to understand.

Businesses should include an opt-in process for their marketing emails that require individuals to provide consent before being added to a marketing list. This means that recipients must actively choose to receive emails from a business by subscribing to their email list, rather than being subscribed by default or as part of other terms and conditions.