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Email Marketing Research The Great CAN-SPAM Freak Out
Pay attention to CAN-SPAM, but stop worrying. You're going to be just fine.
The legitimate email marketer has nothing to worry about with this new legislation. All the stipulations that are included in the CAN-SPAM law are basic best practices for email marketing. In effect, the government has made rules to make everyone a better email marketer.
Take a Deep Breath. The CAN-SPAM laws are too new for anyone to understand their real impact -- and most of the rules aren't set yet. The law sets a basic framework for the FTC, which was given six months to set up the regulations and decide how they will be enforced. After that, each individual court will make decisions that will further change how the law is enforced. For now, the best idea is to wait and see how everything plays out (assuming you comply with the obvious rules of the bill).
Free Advice is Worth What You Paid For It Be skeptical if someone tells you they know exactly what the law means. No one, including Congress and the FTC, has a firm grasp on what the final law will look like. Be wary of anyone proclaiming dark days ahead. Online publishers will try to scare you into buying "dealing with CAN-SPAM" books. Lawyers will try to scare you into getting them on retainer and consultants will try to scare you into hiring them to make sure you are CAN-SPAM compliant. The sharks are in the water -- use your good judgment and refer to the previous paragraph.
Five Ways To Reduce CAN-SPAM Risks
1. Comply With The Basics: The rules in the bill are fairly simple to follow. Don't lie about who you are. Don't lie about the content of the message. Don't email people who didn't ask. Take people off the list when they do ask. Identify yourself properly. Download a copy of the bill, and go over the checklist. Anything required in the bill is actually a best practice that any good marketer should be doing anyway.
2. Pay Attention To Complaints: No matter what any law says, spam problems come when recipients complain about your emails. And spam is in the eye of the beholder. When people think you are spamming them, they will not hesitate to report you to their ISP -- which leads to blocking, filtering, and possible legal trouble. A good way to judge your complaints is to count the number of emails and phone calls you receive regarding an alleged spam. Then take that number and multiply it by a hundred. Remember that it is considerably easier to click the "report as spam" button than actually contacting you. Reducing the number of complaints you get will decrease the chances of you getting in trouble.
3. Perfect the Unsubscribe: Screwing up the unsubscribe is the easiest way to get a customer angry enough to report you as a spammer. The law says that you have 10 days to remove someone from your list. Your customers demand instant removal. If you send them a single additional email then you are, in fact, spamming them. If someone wants to get off your list, make it easy and instant.
4. Increase Recognition: Your email has to stand out from all the other garbage that junks up your customers' mailboxes. By making your email stand out, you will decrease the possibilities of it getting confused with spam. Try to maintain a consistent "from" line and a familiar-looking design. Resist your creative department's urge to revamp the look of your email template every other week. It is also a good idea to send your emails at the same time of day, so readers will come to expect them.
5. Use an Honest Opt-In: There is no reason to trick people when opting-in. Having pre-checked or hidden boxes will grow your list significantly, but it will also increase the risk that customers think you are spamming them. Permission has to be informed and willing for it to count. A solid list of customers that actually want and read your emails is much more valuable than a huge list of irate former customers.
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