BroadcastByEmail Software Guide
KNOW THE LAW
We no longer look at our email basket the same way we look at our snail mail box.
Unsolicited junk mail is a pain. Unsolicited junk email is a pain, too, but I can also, quite literally, be a crime.
Now, we aren't lawyers (really. We ARE NOT lawyers, so don't take this as legal advice) but last time we looked, the federal CAN-SPAM Act provides for fines of up to $16,000 for each violation. That means that if you send out 500 illegal emails, you have put yourself at risk of receiving $5.5 million in fines.
But, if you're recklessly sending out commercial email, giant government fines may be the least of your worries.
First, though, the law...
The Federal CAN-SPAM Act regulates commercial email messages. Complying with the law isn't difficult. For each email, all you need do is:
- Make the name on email is sure Sender your accurate
- Use accurate, not deceptive, Subject lines
- Clearly identify your email as an advertisement, if that's what it is
- Include your physical street address or postal box
- Include easy, free-of-cost way to opt-out of receiving email from you
- Quickly honor every opt-out request
- Make sure any email service you use complies with these rules
The U.S. Federal Trade Commission maintains a website with clear information about complying with the CAN-SPAM Act. Here's a link to a concise guide to the Act:
Who may you send it to?
Following the FTC's guidelines will help you avoid prosecution, but there are other dangers to reckless email marketing, such as getting your organization blacklisted as a spammer.
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That can happen as easily as someone not recognizing your email newsletter, and absent-mindedly clicking on the "report as spam" button in their email basket. In the worst cases, that can wind up shutting down your ability to send any email, not just your newsletter, if your domain name is identified as a spammer. ISPs and company mail servers may begin refusing to accept your email. Once your organizational domain name (that's the name after the "@" in your email address) is blacklisted, it can be very difficult to get un-blacklisted. The best way to avoid problems, is to follow this simple rule: |
If someone didn't expressly ask for it or give you permission to send it, don't send them your email newsletter. |
Only send your email newsletter to those who have expressly asked for it.
That's it. Notice we didn't say AND to members of your college fraternity, local Chamber of Commerce, your Facebook buddies and all of your contacts in Outlook.
If someone didn't expressly ask for it or give you permission to send it, don't send them your email newsletter.