Understand Infusionsoft Email Compliance


Spam remains a serious privacy and consumer rights issue around the world. In the United States, the fight for consumer protection and privacy led to the CAN-SPAM Act of 2003. The CAN-SPAM Act set laws governing commercial email and defined penalties for breaking these laws. Other countries have adopted their own set of ordinances governing unsolicited email messages. However, international customers must adhere to the American CAN-SPAM guidelines as Infusionsoft is located in the United States.

Spam is commonly defined as unsolicited, commercial, bulk email. However, when it comes to the business of email marketing, spam is whatever an email recipients marks as spam. Every person you email is empowered to report the email to their ISP as spam.


Step-by-Step Instructions

  1. Common reasons for spam complaints...

    • The recipient did not feel they gave consent to receive email marketing.
    • The recipient did not remember signing up for the information.
    • The recipient did not expect or have an interest in the content that was sent.


  2. Here are some examples of when email marketing may be considered SPAM...

    • Unsolicited Bulk Email
      • You purchased a list of email addresses.
      • You borrowed a list of email addresses.
      • You obtained a list of prospects from a trade-show/event. (This is permissible ONLY if they specifically signed up for emails from your company.)
      • Someone gave you their business card.
      • A customer purchased a product from your company, and you assume they want your emails as well, but they did not specifically request them.
      • Co-registration through another company's opt-in forms. (This may seem enticing, but it typically leads to spam complaints.)
      • You are a member of an organization/board/etc. and you receive a list of other members and want to send them your emails.
      • The recipient did not specifically ask for email communications.
      • The recipient asked for information about dogs, but they receive info about dogs and cats.
      • The contact opts-in for ONLY the monthly newsletter, but they receive weekly promos/offers they did not ask for.
    • Irrelevant Content
      • The email recipient only asked for information about mortgages, but instead is sent listings on houses in the area.
    • Expectations are not met
      • You inform your recipient that they will be receiving monthly newsletters from you, but you don't get around to it for a few months. Then you suddenly start to 'blast' (spammer term) this individual with monthly newsletters.
      • A prospect asks for the weekly deal updates, but you send them daily deal updates.



  3. How recipients report email as spam throught their ESP

    An email recipient can view the email through their email provider (Gmail, Hotmail, Yahoo, AOL, etc.) and use their email provider's tools to report SPAM.


  4. They can click on an Unsubscribe / Opt-Out link in an email and report it as SPAM through Infusionsoft.

    This process looks like this:

    1. Click on Opt-Out / Unsubscribe link in the email.
    2. The recipient chooses to Opt-Out of all of your email marketing.
    3. The recipient identifies whether the emails you are sending are SPAM or not. If they select No, their email address is updated to the "Opt-Out" status, and they will no longer receive any Broadcast or Follow-Up Sequence emails from you. If they select Yes, the same process happens, but Infusionsoft also receives a Spam report and it is recorded in your system for your review.
    4. The recipient selects a reason from a drop-down list and enters additional comments if they have them, then clicks on Report Abuse to submit the complaint. You are able to view the reason and comments when reviewing email complaints.


  5. Infusionsoft's zero-tolerance spam policy

    Infusionsoft handles SPAM complaints in two different ways, depending on the nature of the offense:

    Blatant, Widespread and/or Unsolicited Bulk Email: 

    • Infusionsoft will immediately terminate the Infusionsoft account, without refund if a customer is found to be involved in blatant, widespread, and/or repeated violations of the Infusionsoft AUP. As a responsible email service provider, we must close accounts for customers  who violate Infusionsoft policies, our provider's policies, or our partner's policies and terms of service.
    • Infusionsoft maintains the right to fine on a per complaint basis for Unsolicited Bulk Email with fines up to $250 PER complaint. Infusionsoft fines for each instance where the Infusionsoft customer cannot provide any proof or data to show that the complainant did, in fact, opt-in for email marketing from the Infusionsoft users.

    Consistently High SPAM Complaint Rates (3 STRIKES POLICY)

    • Strike 1: Infusionsoft will disable your ability to send email broadcasts and follow-up sequence emails. Our team will then notify you that the application(s) is consistently generating a complaint rate which exceeds the industry standard of less than .1% (1 /1,000) on a per Email / Internet Service Provider basis. We will ask you to educate yourself about email best practices and pass a test on the best practice training.
    • Strike 2: If a problem persists, Infusionsoft will warn you of further compliance issues and make an effort to help you remedy the situation.
    • Strike 3: Infusionsoft will terminate your account. If you continue to generate a high complaint rate after strike 2, you put the other Infusionsoft customers at risk. At this point, we have provided you with the guidance needed to resolve the problem. If a high complaint rate persists and you receive a third strike, we must terminate the account in order to protect email deliverability.