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03
Jul
2010

Email Newsletters and the CAN SPAM Act

Spam Email

Over the years we’ve setup multiple email campaigns for our clients to send out newsletters using our bulk email web application. For the first time in our seven-year history, we’re getting ready to send out a newsletter to our loyal fans.

One of our nightmares is having our email flagged as Spam. It is a real nightmare as there are lots of things that can go wrong. Some of the most serious being, our domain name being blacklisted by ISP’s or worse getting a $16,000 FTC fine per ‘spammed’ email account. Yikes! Enough to send any sane marketer into hiding!

We’ve all received our fair share of not-so-delicious spam and the last thing we want to do is spam our clients.

So why go through the risk? Many of our clients have expressed interest in getting updates on new trends and tips and tricks with regards to website design.

Our goal with the newsletter is to disseminate purely educational content – targeted at our audience of business professionals. Content that is new, engaging and ultimately practical for their business.

We’ll keep you posted on how well it is received.

Just to be on the safe side, I did some research into the legal aspects of email marketing. If you’re considering sending out bulk email, I would recommend reading the FTC CAN SPAM ACT guidelines: http://www.ftc.gov/bcp/edu/pubs/business/ecommerce/bus61.shtm

Here are some of their basic guidelines:

  • Don’t use false or misleading header information.
  • Don’t use deceptive subject lines.
  • Identify the message as an ad.
  • Tell recipients where you’re located.
  • Tell recipients how to opt out of receiving future email from you.
  • Honor opt-out requests promptly.
  • Monitor what others are doing on your behalf.

Most of the CAN SPAM Act rules are quite standard, basic email etiquette we’ve all read about. But one thing that seemed a bit confusing was: (btw I’m no legal eagle – so double check this) if you send an email to a customer (whom you’ve done business with before) with a coupon or gift (e.g. Win an IPAD) and the only way they can redeem that coupon is to take some action (click to register etc) and they forward this email to a friend – your email could be considered to be in violation of the CAN SPAM ACT. Why? Because you have not done any transactions with their friend and it is considered unsolicited email from you.

Email marketing can be very effective if done correctly and hopefully, beneficial to the receiver as well. Case in point, my weekly Kayak.com travel alerts – flights to Aruba are $199 next week -sounds exciting, I can’t go, but Thanks Kayak for tickling my travel taste buds :) .

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Category: Web Design

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