Yes, you can and will be sued if your email marketing does not meet these guidelines.
How To Do Email Marketing Effectively
Make sure you obtain permission to email the people on your list.
When your potentials subscribers are signing up for your emails, remind them that they are giving you permission to send them emails.
Do not mislead your public. Let them know exactly what they’re signing up for.
This mistake occurs often. You want to make sure that your audience knows exactly what they will be getting once they give you their email.
Tell your audience where your emails are coming from.
This means sending your emails from a valid email address they will recognize. This will prevent spam.
Do not use a misleading email subject line to get them to open your emails.
No clickbait, please. If your email is about a PDF download they requested, then write that. Do not try to get them to open your emails with misleading information. It will only hurt you and your business in the long run.
Include your address. At the end of every email, you must include your mailing address.
This may be an issue if you do not have an email address, or if you don’t want to use your primary residence’s. What I recommend you do is get a P.O Box, if possible. You may also consider getting a virtual P.O Box.
Include opt-out options. Do not lock them in!
By law, you must give your subscribers an easy option to opt-out from receiving your emails.
Indicate that your email is an advertisement.
Remember that email marketing is a form of advertisement, and you must inform your audience exactly what your emails are.
You must respect opt-out requests. Do not try to persuade them, do not attack them.
Please, if your subscribers decide to opt-out, you must honor their request. Simply lead them to a “thank you” page, or a “see you soon” page, but NEVER harass them into subscribing again.
You must respect opt-out requests. Do not try to persuade them, do not attack them.
If you hire someone to handle email marketing for you, you must know that you are responsible for their actions and mistakes. If they do something wrong, not only will you lose the money you are paying them, you will also lose millions to the potential lawsuit.