Your inbox, if unfiltered, may contain 80 to 85 percent1 the equivalent of what we call junk mail in the postal realm, its electronic edition known as spam. Most people know that spam is considered any unsolicited email that is sent for the purpose of selling something, which can be executed for little more than the cost of managing a list. Without the price of postage to tailor the targets to recipients with a reasonable expectation of interest, spam has become like a shower of confetti in a ticker-tape parade.
Figures for 2011 estimate the total number of these transmissions at a whopping 7 trillion. The systems used unleash this flood of unrequested messages have become sophisticated spam bot programs that automate the process by following links and grabbing email addresses. For recipients, this creates an overwhelming situation that wastes a lot of valuable time.
So, if the affordability of email is tempting you to launch an aggressive advertising campaign, the business legal team at www.dgtucson.com can provide legal guidelines to keep you from spamming.
CAN-SPAM Act
One of the main reasons people find unsolicited email so annoying is because it is simply overwhelming; it makes it more difficult to find the messages you really want to read. To combat this, the CAN-SPAM Act sets rules for commercial email. By establishing certain requirements for business-related messages, recipients are able to ask businesses to take them off of their mailing lists. The way that these rules are enforced is by way of tough penalties for violations of up to a $16,000 fine.
However, the CAN-SPAM Act does not apply specifically to bulk email alone. It actually covers all commercial messages, defined as electronic mail messages with the main purpose of marketing and advertising commercial products and services. This also includes messages that promote the content on commercial sites. In fact, the law does not make any exception for business-to-business messaging.
CAN-SPAM Compliance
Complying with the CAN-SPAM law is relatively simple:
1. Take the time to develop the best and most effective email marketing program that includes only relevant addresses. Study the marketplace and conduct research to get a sense of the best way to obtain addresses for your marketing campaign. For instance, solicit email list memberships through blogs and other useful content.
2. Use only accurate routing information that includes an originating domain and email address. The subject line should clearly identify the sender and purpose of the message. For instance, the law requires that each message must be clearly identified as one that contains an advertisement.
3. Include the location of the business with a valid postal address that complies with all U.S. Postal Service regulations.
4. Detail information on how to opt out of future messages with a clear explanation. Design the message so that anyone can understand it.
5. Honor all opt-out requests promptly. Mechanisms used must process these requests within 10 business days. The opt-out system should be free of charge and only require recipients to provide an email address to process the request.
6. Ensure that opt-out email addresses are not sold to other entities. The only exception would be transferring addresses to companies that assist in complying with the CAN-SPAM Act.
7. Ensure that your own spam filter does not block any opt-out requests. There are a number of valuable and effective programs to consider using for this purpose. Also, be certain that the tech support team understands how to use these programs and has its own system in place to comply with opt-out requests.
8. Should another firm handle the company’s marketing, you are still responsible for ensuring that the CAN-SPAM act is complied with. Therefore, monitor what other entities are doing on behalf of the company. If there’s a violation, not only will your company incur penalties for violations, but so will the firm that was hired to send email messages.
Finally, ensure that email lists are updated regularly. Check them against unsubscribe messages to assure compliance with requests for removal. While this necessitates extra manpower and effort, the penalties are far more severe than what it costs to abide by the CAN-SPAM act and maintain clean email lists.
Terry Duschinski would love to market his diet and exercise business by sending email to everyone on the planet. Lawyers at Dorris & Giordano PLC provide precautions, however, at http://www.dgtucson.com that persuade him otherwise.