CAN
SPAM: It’s Actually Good For You!
For cost-efficiency, email marketing can’t be beat. But the growing amount of email solicitations — particularly from bulk mailers who send commercial emails without first obtaining consent — has caused many recipients to hit the "delete" button as soon as they see the posting.
Email marketing is most effective when all marketing messages are "anticipated, personal, and relevant," according to email marketing guru Seth Godin (author of Permission Marketing).
The CAN
SPAM (Controlling the Assault of Non-Solicited Pornography and Marketing)
Act of 2003 was enacted to help control the amount of unsolicited, fraudulent,
and potentially abusive emails. CAN SPAM prohibits transmission of commercial
advertisement or promotional emails that do not properly disclose who
they are from and what they are about. Also, CAN SPAM prohibits emails
to recipients that have indicated to the sender that they wish to "opt-out"
of receiving further emails. Those who do not comply with the law are
subject to a civil fine of $250 per non-compliant email and even a prison
sentence.
This is good news for legitimate businesses that develop permission-based, targeted email campaigns to highly qualified recipients. By using the CAN SPAM Act requirements as a guide, you will continue to reap the benefits of email marketing.
Permission is key
When determining the list for your email campaign, your criteria usually include job title, industry, company size, and revenue. To comply with CAN SPAM, you also want to be sure that your potential recipients have given their permission to be on that email list. CAN SPAM specifically prohibits the use of lists that have been automatically harvested without consent.
When soliciting people to consent to receiving emails from you (by checking a box, completing a form, or responding to an email link), be sure to clearly indicate what they are signing up for, and, if possible, the frequency of the emails you plan to send (for example, a monthly email newsletter).
Once they have consented, it is a good idea to send them a confirmation email and even include a link to your privacy policy. This has many benefits. It:
-
Ensures that the email addresses you have captured are correct
-
Prevents fraudulent email addresses from being included in your list
-
Provides an electronic record that you have received consent
-
Demonstrates to your clients and prospects that you appreciate their consent and that you will not misuse the information they have provided to you.
Of course, you have to use those lists wisely, as CAN SPAM also requires that all email recipients be given the right to request not to receive further commercial emails from a sender. So you must make sure that your emails always contain a clear and obvious "opt-out" mechanism.
If you rent email lists, make sure they come from reputable companies that can demonstrate compliance with CAN SPAM requirements. Find out how they obtain and maintain their lists. Since most list owners will also be transmitting your emails, make sure they include an opt-out mechanism with your email.
According to CAN SPAM, all opt-out requests must be honored within 10 business days. If you are using your in-house list, you should have procedures in place to regularly maintain your opt-out requests. "Meeting this time requirement can be challenging if your data sources are in several locations or divisions in your organization," says Ken Beausoleil, a regional account manager for ExactTarget (http://www.exacttarget.com/), a leading email marketing software company. "One option is to outsource your email communications to an email service provider that has the resources to manage data in a centralized and secure location."
Clarity is key
The CAN SPAM Act prohibits false and deceptive "from" and "subject" lines, and content that does not relate to the "subject" line.
Use your company’s name and possibly a brief tagline or descriptor in the "from" line consistently in all your email communications. This will also help build recognition of your brand for those who aren’t familiar with you.
The "subject" line must represent what is in the email. Often, marketers like to use "teaser" statements to pique the readers’ interest. You can still be clever; just be clear about what you are offering in the email. Have a co-worker read your subject line to ensure it cannot be misinterpreted. Try to avoid using words like "free" and "win", since these may trigger email filtering software to automatically file your message in the junk folder.
CAN SPAM also requires that your email content include a valid physical postal address.
Dealing with the filters
It is important to understand the major players in the email-receiving environment. ISPs and email filtering companies scan email subject lines and body content to determine which emails are spam. They also look at the number of complaints received for each specific marketer, and the number of undeliverable emails generated by a specific mailing.
According to Ken, if the mail administrator at an organization or ISP feels that too much spam and/or complaints are coming from a certain IP address, they will add that IP to their own internal block list, or they may subscribe to an external block list like spamcop.net that lists IP addresses associated with spamming.
The key is to not look like a spammer. You want to identify promotional words, phrases, and patterns, such as "work from home," guaranteed income," or "click here," as they will likely trigger filters. ISPs also assign points to text formatting such as the use of all capital letters, excess use of bright colors, or very large fonts. Ken also suggests to scan your list to weed out unsolicited or suspect addresses. The bottom line is that you want to use email in an appropriate way — by using targeted, permission-based lists…personalized offerings….and relevant content. Inappropriate use will damage your brand and reputation.
Following the CAN SPAM guidelines will help ensure that you are implementing your email campaigns wisely and enhance your credibility with your clients and prospects.
Thanks to Ken Beausoleil of ExactTarget for contributing to this article. Ken can be reached at kpb@exacttarget.com.
© 2004 Sullivan
Creative
To comply with the CAN SPAM Act, follow these guidelines:
-
From Line: Clearly state who is sending the message. Be consistent and use the same from line in all your email communications.
-
Subject Line: Clearly indicate the content of the email. Test the subject line to avoid potential misinterpretation.
-
Content: The content of your email must correspond with the subject line and must include
- Your
company’s physical postal address
- A
clear and obvious electronic link or other electronic mechanism
to opt-out from receiving future emails. This link must be active
for a minimum of 30 days after the email is sent out.
For example: If you received this email in error or do not want to receive any more emails from us, please send a reply message…..
- Your
company’s physical postal address
-
Honor opt-outs: Ensure that you delete the names of anyone who has opted out of your list within 10 days of the request.
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