Email Newsletter- Faux Pas or Breaking The Law

Since the late 90’s email has gone from a passing fancy to a standard way of communication.  It took some time for business to really start to capitalize on the incredible marketing tool that email is.  Even before it became a standard part of everyone’s marketing strategy, spammers were already working the system and were seeing success.

Today we see hundreds of businesses of all types using email to communicate with their existing customers.  Special offers, updates on events, and even just a holiday greeting has helped to maintain customer loyalty and retention.  And as we all know, the costs are minimal compared to the old standby of direct mail.  So why not!

This brings us to the RULES.  Yes, there are rules.  And if you dont already know the rules, you could very well be breaking them…and it could cost you.

Setting the Scene

We see this every day, we contact a magazine on behalf of one of our clients to place a advertisement in an upcoming issue.  The business is conducted, the magazine sells an ad space, and we and our client measure the results once the magazine hits the stands.

The Fallout

What started as a business transaction ends in a bombardment of offers and newsletters from said magazine.  Believe it or not, this happens quite often and it is completely against the rules.  The first rule of advertising by email is that your “customer” must have knowingly registered to receive emails from you, whether it be a newsletter or special offer.  If “Bob” did not say “I would like to receive your newsletter and/or special offers”, then at no time is it okay to send “Bob” commercial email of any kind.

So, if you are sending “Bob” emails without he expressed consent, then beware.  But there is more.  Learn the rules before its too late.

CAN-SPAM Act

What is it?  If you send commercial messages to customers then beware.  By definition “any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service” is governed by the CAN-SPAM Act.

Here are the rules:

1. Don’t use false or misleading header information.
2. Don’t use deceptive subject lines.
3. Identify the message as an ad.
4. Tell recipients where you are located.
5. Tell recipeints how to opt out of receiving future email from you.
6. Honor opt-out request promptly.
7. Monitor what others are doing on your behalf.

The Penalties

Please note that it is acceptable to contact people that you have done business with in the form of transactional or relationship emails.  These constitute a sales receipt, information about the business moving, shipping information, warranty information, and basically anything else that does not constitute an advertisement for goods and services.

If the email says “we’re having a sale”, “come out for the concert to help support our cause”, or any other special offer, then follow the rules noted above.  First, be sure you have an opt-in (if you dont, then STOP and do not mail).  Penalties are severe.

Each separate email in violation is subject to penalties of up to $16,000.00.  Can your business afford the fees for unsolicited emails?

For more information visit the Federal Trade Commission site.

© Blue Lava Design Group, Inc.