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Does Your E-Newsletter Break the Law?
If you've been trolling the Internet for any length of time, you've probably heard the term CAN-SPAM. The acronym stands for Controlling the Assault of Non-Solicited Pornography and Marketing - it refers to the anti-spam Act Congress enacted in 2003.
The law has been unsuccessful at stopping spam, which constitutes more than half of all Internet e-mails. More than 100 BILLION spam messages per year fly through cyberspace.
Some of the spam I receive comes from well-meaning people I've met in real life. They assume that if we've communicated once, sometime during our lifetime, they have an open invitation to sign me up for their e-newsletter.
I received two newsletters I never subscribed to today, in fact. Gazed at them in consternation, immediately opted out, then deleted them.
After wading through umpteen pages of government-speak that outlines the law, I've come up with several rules of thumb - and some legal requirements you must follow - in order to ensure that your "commercial electronic mail messages" (e-newsletters that promote your services or products) are CAN-SPAM compliant.
Rules of Thumb
Use a reputable e-mail service for your e-newsletter. There are many low-cost services (Blogging Bistro uses AWeber). These services adhere to the CAN-SPAM Act and require their customers to do so.
Get permission. Never, ever sign someone up for your e-newsletter without getting their permission in writing.
How do you get permission?
Let's say you're speaking or exhibiting at a conference. You have a drawing for a prize, and people fill out a form to enter your drawing. Those people are giving you permission to market to them. You could sign them up to receive your e-newsletter, which means they'd receive an automated e-mail from your e-newsletter service that asks them to confirm their subscription.
I recommend taking it one step further. When I hold prize drawings, I first send a personal e-mail to each entrant, telling them about my e-newsletter and inviting them to subscribe. I alert them that they'll be receiving an automated invite from me, and explain that if they want to begin receiving my e-newsletter, they simply click the opt-in link.
Use double opt-in. Always ask prospective subscribers to confirm their subscription. Yeah, it's an extra step, but you'll be SO glad you did it! Lots (and I mean lots) of spam-bots will attempt to subscribe to your newsletter. A double opt-in prevents automated spam-bots from reading "please confirm your subscription" e-mails and clicking the "confirm" button.
Legal Requirements
(there are lots of them, but here are the most important ones):
Affirmative Consent - The recipient of your e-newsletter must expressly consent to receive the message, either in response to your clear request for their consent or at their own initiative.
Easy Opt-Out - You must provide a way for subscribers to easily unsubscribe. If a subscriber opts out, you have 10 days to stop sending them messages. This unsubscribe option needs to be available for at least 30 days after the e-mail is sent.
Identify Your Topic - The subject line of your e-mails must clearly and accurately identify the content of the e-mail. No misleading or bogus subject lines allowed!
Return Address - Your e-newsletter must contain a legitimate return e-mail address, as well as a valid postal address. A PO Box works fine. If you're running a business (particularly if you work from home) and you don't have a PO box, get one. Now.
No Harvesting - You can't send e-mail messages to addresses you collect from chat rooms, discussion forums, or blog comments. As your mom would say, "Big no-no!"
Don't Offer Rewards for Forwarding - If you invite subscribers to "forward this newsletter to a friend," do not entice the forwarder with offers of money, coupons, discounts, awards, or additional entries in a giveaway. If the person who receives the forwarded e-mail considers it spam, YOU could be held liable.
Share Bright Ideas
I invite you to reprint any of the articles from this blogzine in your own e-zine or on your Web site/blog, as long as you include the following blurb and a link to BloggingBistro.com:
Laura Christianson founded BloggingBistro.com, a company that serves made-to-order social media solutions for individuals and businesses.
Please forward Bright Ideas Blogzine to others who want to maximize their social media marketing.
To start your e-mail subscription, send a blank e-mail to bloggingbistro@aweber.com. You'll immediately receive an e-mail confirmation notice. Click the link and you're subscribed.
I respect your privacy. I promise not to sell, rent, or distribute your contact information.
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