Direct-mail compliance

Direct-mail compliance starts by classifying the entire send before anyone prints, packs, or uploads a list. One campaign may include physical mail, a gift, an import, a data-use decision, and a commercial email. Reviewing it as one package can miss a rule that applies to another part of the motion. Package contents and the sender can change customs treatment. Review the item, destination, data, and channel, then release only what passes.

Scope the send

List everything the recipient will receive and every channel that will touch the account. Give each item its own line so a compliant mail piece does not hide a separate issue in the follow-up.

Direct marketing includes mail, telephone, text, email, and social media.¹ Ask whether the send is physical mail only or will trigger an email, text, or social follow-up. For any email, determine whether its primary purpose is advertising or promoting a commercial product or service, including promotion of content on a commercial website.²

Map the destination and data

Record the destination country and state, the person whose data you are using, and the channel that will carry the message. Do this before creative review or fulfillment so the route is clear while changes are still cheap.

Direct marketing in the U.S. is governed by a combination of federal and state laws.³ If the list includes E.U. citizens, GDPR affects U.S. companies dealing with them and sets data protection and privacy measures.⁴ Email rules vary across countries, including CAN-SPAM in the U.S., GDPR in the E.U., CASL in Canada, and CCPA in California.⁵ For a cross-border email campaign, plan for simultaneous compliance with the relevant jurisdictions and put legal review on the release path.⁶

Check the physical mail

Review the physical piece for dispatch separately from the message. Inspect the format, address side, contents, return path, and any customs declaration before the item reaches fulfillment.

The U.S. Postal Service requires complete adherence to its regulations for addressing foreign mail.⁷ Create a release record that names the destination, describes the contents, confirms the sender details, and records who approved the package.

Classify gifts and imports

Treat gifting as a classification decision, not a convenient label. Confirm the sender, recipient relationship, item, destination, and commercial purpose before promising any exemption.

All international mail entering Canada is subject to review by the Canada Border Services Agency.⁸ An item qualifies as a gift only when a friend or relative sends it personally and includes a card or other notice indicating that it is a gift.⁹ The guidance lists items that do not qualify for the CAN$60 gift exemption.¹⁰ Distinguish a personal gift sent by a friend or relative from business mail carrying promotional material.

Review any digital companion

Run every email companion through its own checklist. Approval of the physical mail does not answer the email questions, even when both touches belong to one outbound motion.

The CAN-SPAM Act has no exception for business-to-business email.¹¹ Each separate violating email can incur a penalty of up to $53,088.¹² Check the sender, subject, advertising disclosure, physical address, and opt-out path as separate decisions. A message whose primary purpose is to facilitate an agreed transaction or update a customer in an existing business relationship may be exempt from most CAN-SPAM provisions, while its routing information still may not be false or misleading.¹³

Record the release decision

Keep one compliance record with the audience source, destinations, item description, creative version, channel list, approval decision, and any required consent record. The record should show what was reviewed without requiring anyone to reconstruct the campaign from memory.

Regular compliance audits and documentation of consent records help protect a business from legal risks and maintain customer trust.¹⁴ Stay current with regulatory changes so the same checklist does not become stale.¹⁵ When a destination, item, or channel changes, reopen the relevant check instead of treating the original approval as transferable.

What not to do

Before handoff, treat each item as a release blocker until someone can point to the corrected package or message.

• Do not use false or misleading header or routing information.¹⁶
• The From, To, Reply-To, originating domain name, and email address must accurately identify the person or business that initiated the message.¹⁷
• Do not use a deceptive subject line or let the subject misstate the message content.^{18, 19}
• Clearly and conspicuously disclose that a commercial email is an advertisement.²⁰
• Include the sender's valid physical postal address. It may be a current street address, a registered post office box, or a qualifying registered private mailbox.^{21, 22}
• Make the opt-out instructions clear, conspicuous, and easy for an ordinary person to recognize, read, and understand.^{23, 24}
• Type size, color, and placement can improve clarity only when the notice remains understandable.²⁵
• Do not send non-envelope mail, including a folded self-mailer, outside the United States.²⁶
• Include a complete description of every article in a parcel, including commercial samples, gifts, or merchandise.²⁷
• Enter the sender's full name and return address in the indicated blocks.²⁸
• Do not sign the declaration until the entries are correct and the parcel contains no dangerous material prohibited by postal regulations.²⁹
• Put the sender's complete address, including ZIP Code, in the upper-left corner of the address side.³⁰
• Do not claim the gift exemption for advertising material.³¹
• Do not claim the gift exemption for an item sent by a business.³²