| Email marketing is an extremely cost effective and | | | | content of the email or the subject line, you must |
| efficient way to promote your business. | | | | clearly tell recipients that your email is an |
| Unfortunately, many small businesses are reluctant to | | | | advertisement for your product or service. |
| engage in email marketing for fear of legal implications | | | | Handling Unsubscribes: |
| surrounding the practice. This article is intended to | | | | - PROVIDE MEANS TO OPT-OUT: All commercial |
| clearly spell out what elements should be included in | | | | emails must include a clear and simple way for |
| your email marketing campaigns (and what should | | | | recipients to opt-out of receiving future emails from |
| not). | | | | you. This can include a link to an unsubscribe |
| The CAN-SPAM Act was originally passed in 2003 and | | | | mechanism online (1 page only) and/or a reply-to |
| recently expanded in 2008. CAN-SPAM sets legal | | | | address where customers can email their opt-out |
| requirements for all emails that have a promotional | | | | requests. You cannot require the recipient to give |
| nature. This is not limited to mass email as you might | | | | you any information beyond an email address or |
| expect; CAN-SPAM also includes any type of email | | | | charge a fee to opt-out. |
| you may send with a primary purpose of promoting | | | | - REMOVE OPT-OUTS PROMPTLY. All opt-out |
| your product or service, whether it is | | | | requests, whether through a manual email reply |
| business-to-consumer or business-to-business. | | | | process or an automated system must be handled |
| However, the CAN-SPAM Act is not nearly as | | | | within 10 business days of the request. Once |
| restrictive as some tend to think. If you follow these | | | | opted-out of receiving communications from you, |
| simple rules you will ensure better deliverability and | | | | you cannot sell or transfer their email address. |
| response in addition to avoiding legal ramifications. | | | | Sending Emails: |
| Email Content: | | | | - NO OPEN MAIL RELAYS: A message can not be |
| - HEADER INFORMATION: All emails must include | | | | sent through an open mail relay; an open mail relay |
| accurate 'from', 'to', and 'reply-to' lines to indicate the | | | | occurs when a server is configured to allow anyone |
| actual person or business sending the email. They | | | | online to send email through it. Spammers often use |
| cannot be misleading and must include the correct | | | | these types of servers to avoid detection. |
| originating domain and email address. | | | | - TAKE RESPONSIBILITY FOR VENDORS. If you hire |
| - SUBJECT LINES: All emails must include relevant | | | | another company to handle outbound email marketing |
| subject lines that are indicative of the offer in the | | | | on your behalf, be it an email service provider, |
| body content and must not be deceptive. Subject | | | | consultant, or creative firm, you are still responsible |
| lines in violation would include (but not limited to), | | | | for their compliance with CAN-SPAM. Both you and |
| "Hello", "Happy Holidays", and "Thank You". Many | | | | the company that sends your messages will be held |
| Email Service Providers also reject any subject lines | | | | legally responsible for compliance. This includes |
| that contain over usage of characters like | | | | affiliates/publishers who may promote your promote |
| exclamation points; over usage of capital letters; | | | | your product/service through a marketing network. |
| using subject line modifiers like FW:, RE:, and FWD:; | | | | The fact of the matter is that every reputable |
| intentionally misspelled words; and HTML code. | | | | business in the United States has to follow the |
| - POSTAL ADDRESS: All emails must include a | | | | CAN-SPAM rules - but doing so can only help your |
| legitimate physical address of the publisher and/or | | | | results. Most of these rules are simply best practices |
| advertiser. | | | | you'd want to employ even if you weren't required |
| - ADVERTISEMENT DISCLOSURE: Somewhere in the | | | | to do so by law. |