No discussion of anti-spam laws would be complete without a legal disclaimer,
so let's just get it out of the way, shall we?
Because I am not an attorney, I am unable to provide you with legal
advice. Instead, I am providing you with practical knowledge and my
advice based on my expertise in email marketing and my understanding
of the law. I encourage you to consult with your own attorney for legal
advice.
Email marketing has its challenges in this world of spam, but there's
no need to worry, much less panic, about your email marketing efforts.
It is a whole lot easier than you may think to be in compliance with
the law.
This article is designed to help you:
1. Make an educated evaluation of your current email address collection
and emailing processes.
2. Feel confident that you are following both the law, and the best
practices of email marketing (they happen to be the same thing).
Note: This issue focuses on U.S. law, but obtain information on
anti-spam laws in other countries here.
It is important to understand that anti-spam legislation is intended
to stop spammers, not to stop legitimate permission-based emailers like
you.
Today, there is a patchwork quilt of 37 different state laws already
on the books, and pending legislation in most of the remaining states.
There are also numerous contenders for federal law. One bill has passed
in the senate and we are now awaiting action in the house. If passed,
proposed federal legislation would preempt all of the current state
laws (making all of our lives easier - if you ask me).
But for now, state spam statutes vary, and each state has its own definition
of unsolicited commercial email. Given that fact, the best way to comply
is to find the commonalities among the state statutes and conform to
the strictest standards among them. That way, you're covered in every
state.
The good news is that all of the existing statutes and pending legislation
recognize your right to send email to people with whom you have a preexisting
business relationship, and those who otherwise consent to receive your
email communications. The actual words vary from state to state, but
the meaning is the same.
What constitutes a preexisting business relationship? The recipient
of your email has made a purchase, requested information, responded
to a questionnaire or a survey, or had offline contact with you.
Note: This is where branding is important. Always remember to use
your company name - the one that your customer bought from and will
recognize.
What constitutes consent? The recipient of your email has been
clearly and fully notified of the collection and use of his email address
and has consented prior to such collection and use. This is often called
informed consent.
There are two easy steps you should take to make sure you're in
compliance with existing laws (most of you already follow these
today):
Use good permission policy (have a preexisting business
relationship and informed consent)
Evaluate your list and determine the sources of your email
addresses.
Going forward, keep a record of the source of each email address
you add to your list.
Use good mailing practices (be honest/truthful)
Use a subject line that accurately reflects the content
of your message
Use a legitimate header
Use a valid from address
Include a working unsubscribe/opt-out link and/or instructions
(you already do all of this if you're a Constant Contact customer)
Additionally, you will now need to include the following
in every email:
Your physical address (easy, right?)
Your working phone number (ditto)
If you are in doubt about whether or not you have a preexisting
relationship and informed consent, what do you do?
1. Confirm the portion of your list that you are unsure of via other
means, telephone confirmations, postcards etc.
2. Remove any addresses from your list that you obtained from an
email append service or any third parties (including your closest
business partners).
3. Remove any email address that you obtained from a business card
or other means without asking for permission to send advertisements.
4. Consider confirming the portion of your list that you are unsure
of via email as described in The Facts About Confirmed Opt-in.
Here are a few commonly asked questions and answers:
Q: What about ADV: and ADV:ADLT labeling? Do I need to use it in
my Subject line?
A: No. ADV: or ADV:ADLT: labeling is required if you are sending
unsolicited commercial email. As a permission-based email marketer,
this labeling requirement does not apply to you.
Q: I have a list of customers who have bought from me in the past,
but that I have never mailed to before. Can I email promotions to them?
A: Yes, as long as the list is less than 13 months old. By making
a purchase from you, customers have implicitly provided their permission.
If the list is older than 13 months, however, we recommend that you
do not email to the list.
Q: I bought a company that has an email list of customers. Is it
okay to email to this list?
A: Before you send anything, be careful of the quality of the
list. How old is the list? How were the names collected? Is the list
permission-based? How long has it been since an email was sent to the
list? How targeted is the list? Has the list been maintained properly
and cleansed of unsubscribes?
If you are selling similar products and services - thus making the
target audience the same and your email of equal relevance to any previous
emails - it is acceptable to send an announcement explaining that you
are the new owners of the company and asking recipients to opt-in to
hear from you going forward. Then, only email those who opt-in to your
list.
Q: I have partnered with a company that has an existing list. Can
I email their list about my product/service?
A: Unless your partner specifically obtained permission to send
partner promotions, you may not email this list. It is more appropriate
for the company you partnered with to include your promotion in their
next email campaign. This way, you still gain exposure - with an implied
endorsement - and those who are interested in your business can sign
up directly to your list.
Q: I bought a CD with millions of email addresses or bought a list.
Can I use the list?
A: No. It is very common for "opt-in" CD lists to be marketed
over the Internet, touting millions of email addresses for a relatively
a small fee. Anyone selling a list is most likely selling a list of
addresses harvested from the Internet without permission. Offers like
these usually arrive as spam in your very own inbox.
The law classifies these email addresses as having been collected by
surreptitious means. This practice is now, thankfully, illegal in most
states.
Finally, to learn more about pending U.S. federal legislation, anti-spam
law in your state, or anti-spam law in any other country, go to: www.spamlaws.com.
By Michelle Keegan, Roving Software
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"Around 65 percent of marketers say they plan to increase their
use of email newsletters." Source: Intermarket Group
It's no secret that offering value to your customers in the form of
useful information is one of the best ways to initiate, develop and
solidify relationships. But, how do you continue, issue after issue,
to make your newsletter stand out in the crowd and keep your readers
reading? Our friend and newsletter expert, Michael Katz, tells us how.
The 4 Secrets to an Effective E-Newsletter
by Michael Katz, Blue Penguin Development, Inc.
What I'm about to tell you is so valuable, that I frankly wouldn't
blame you if after reading it, you felt compelled to take $5.00 out
of your wallet, stuff it in an envelope and send it directly to me.
Here's why: What I'm going to share with you now are the four
guidelines which we use to make sure that all the newsletters we're
involved in stay on track. Here they are:
1. Make it Useful. With a business to business newsletter
in particular, it's difficult to get any traction with readers if
you don't give them some kind of actionable "aha" with every issue
you send. They are barraged with emails, and eager to click the delete
button as often as possible.
Your goal therefore, is to give them pause. To make them live in
fear that if they delete your newsletter, they will miss some insight
that would have made a significant impact on their success. Useful
information rises to the top of the pile, and when your newsletter
is on top, you need not worry about how big the pile is.
2. Make it Interesting. I don't know who started the rumor
that significant and profitable businesses must also be serious and
boring, but it seems to have caught on nonetheless. That's good news
for you and me. Because with all the dry as dust E-Newsletters out
there, all trying to sound like the front page of the Wall Street
Journal, we can make our newsletters shine with little effort.
Personal anecdotes, conversational language and the occasional joke
here and there will keep your readers involved long enough for them
to hear the "real" information you're trying to give them. They
probably won't read it just because it's interesting, but they certainly
won't read it if it's not.
3. Make it Simple. An effective newsletter isn't a doctoral
thesis; it's not even a case study. It's what I like to call, "a nugget."
One insight or tip or concept that your readers can take in, understand,
and hopefully remember long enough to put into practice. If you give
me too much information (even if it's good), I'm likely to stockpile
your newsletters until I delete them in one, "I'll never get around
to reading these old ones anyway" frenzy. Give your readers
something small enough to understand and remember.
4. Make it Authentic. Done right, your E-Newsletter is the
voice of your company. It reflects your unique personality and culture,
whatever that happens to be.
I've walked into enough companies to know that each of them - even
the ones in seemingly straight laced, hard to differentiate industries
- has its own language, pace, sense of humor and approach. Don't hide
all that in an effort to sound "professional." Marketing is
the opposite of fitting in - do yourself a favor and fit out!
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According to the DoubleClick Consumer Email Study released in late
2002, 60% of respondents cite the "From" line as the most important
factor motivating them to open emails, while 35% cited the "Subject"
line.
This article will cover the From line, and what you can do to make
sure your From line serves as an advantage, instead of an obstacle.
This is especially important as the soon to be released AOL 9 and Outlook
2003 include new anti-spam features that will require some action on
the part of senders.
The From line is all about getting recipients past that first
critical step to email success: the open.
How can you make sure your From line maximizes your open rate rather
than creating a barrier to open? The following 8 tips are guaranteed
to help.
Your From line has two parts:
Part one is the "From Name" - the name, such as "Constant Contact's
Email Marketing Diva, Michelle Keegan."
Part two is the "From Address" - the electronic address including
"@" such as, "tips@constantcontact.com."
Your recipients may see just the From Name, just the From Address,
or both depending on their email client or reader.
1. Be consistent. Recipients will become familiar with your
communications and look for your specific From Name and/or Address
in their email inboxes. Consistency in your From Name and Address
will ensure that your email is recognized and opened.
2. Become a trusted sender. Encourage the recipient to put
your From Address in their address book, trusted sender list or approved
sender list (whatever the name may be in their email client). New
anti-spam features in AOL 9 and Outlook 2003 are designed to place
spam control in the hands of recipients and to protect them from unwanted
visual images. In AOL 9 and Outlook 2003, your beautiful HTML layout
will appear, but images will not be visible unless you are on the
recipient's trusted sender or contact list. As a trusted sender or
contact, your email will be delivered and remain exempt from anti-spam
measures including filters, challenge response systems or image blockers.
Make it easy for recipients to add your From Address to their trusted
sender or contact list by keeping it short, easy-to-remember and easy-to-type.
Doing this will also make it easier for recipients to search for
your previous email newsletters and offers whenever they need to.
3. Make it meaningful. Both your From Name and Your From Address
should identify you and/or your company as the sender of the email
and clarify the relationship between you and the recipient. Take this
opportunity to give the recipient a reason to open your email vs.
a reason to delete it.
4. Use a From Name and Address the recipient will recognize.
Recipients signed up to be on your list. They know your name, your
product or service name, or your company name, and are expecting to
hear from you.
5. Use your brand. The From line is an important branding
opportunity. As such, it is a good idea to use a From Name and/or
Address that includes your name, company, product or service name
- whichever the recipient will know best. Your brand in the From line
assures the recipient that the email is coming from a reliable and
trusted source and builds familiarity and your credibility - especially
when repeated over time.
6. Keep your From line short so that it appears in its entirety
in the recipient's inbox. If the recipient's email client displays
both the From Name and From Address, things can get awfully cramped,
and even hidden. If there is some reason your From Name and From Address
have to be long, at least make sure the most important identifier
comes first, like so: "Constant Contact's Email Marketing Diva, Michelle
Keegan." People know Constant Contact, but new readers don't know
me, yet!
7. Avoid using a From Address like any of these:
PayDayToday@luckydice.biz - looks like a smarmy online gambling
site DELETE
k3mm7u3vx901@hotmail.com - Hmmm a bunch of random letters
and numbers DELETE
youknowme@blast.net - Don't think so DELETE
getpaidfornothing@mx11.sleightoftheupperhand.com - You're
kidding, right? - DELETE
8. Avoid using a From Name like any of these:
The Answer - Could you be any more vaugue? DELETE
Sexy Angie - Dime a dozen porn site DELETE
Size Matters - Gee, I wonder what this is? DELETE
Prank Call - Could this actually be a prank email follow-up?
- DELETE
As you examine your From line and consider these tips, remember
that there are pros and cons to change. You may already have a From
line that works just great for you. You may have a sizeable list of
recipients who have already added your From Address to their trusted
sender list, contact list or address book. In that case, "If it ain't
broke, don't fix it." However, if you are just starting out or see room
for improvement in your From line, however, now may be the perfect time
to make a change.
By Michelle Keegan, Roving Software
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