email marketing
The internet cannot function like the wild west; the long arm of the law does indeed reach here. Certainly, maintaining an email list is one of the best things you can do for your business. While you may be able to gain an audience through social media shares and fantastic sales, maintaining a mailing list takes it one step further. Not only are they a great way to send out newsletters and advertise big promotions, but they help keep your business at the front of people’s minds. However, if you violate the rules of email marketing, your campaign could end up on the wrong side of the CAN-SPAM act, and that poses serious consequences.
1. Obfuscate who it’s from
Obviously, using a false name for your email marketing campaign is considered a shady thing to do. Not just that, it’s also illegal. Under the CAN-SPAM act, all of your header information should accurately reflect your business. All fields, such as “To”, “From”, and so forth must contain accurate information. Fortunately, most businesses already do this. It’s hard to make a case for fibbing about who sent an email, in an attempt to get people to open it.
2. Use overly creative subject lines
The use of creative subject lines often causes some email marketing plans to run into trouble. While creativity is a key element to help your email stand out in a crowded inbox, your subject lines cannot be overly creative. They need to remain clear about what you’re sending, and what the email is about. If you’re sending an advertisement, you must label it as such. While this may put a crimp in your email style, it’s easy to tell if you’re breaking this rule. Follow the guidelines for the CAN-SPAM Act and you’ll be fine.
3. Prevent people from opting out
Some businesses used to take “email capture” too literally. For example, once you were on a mailing list, nothing could stop you from receiving emails. That week-long fascination you had with keeping bees three years ago, now means weekly beekeeping updates, forever. This practice is no longer allowed. Every email must offer the recipient a chance to opt out of receiving future updates. Moreover, the link must be quick and easy. Purposely making the opt-out process complicated is also illegal. Additionally, you can’t charge a fee or demand any additional identifying information.
Dragging out the process is also considered illegal. In the past, some business owners hoped that the next update would bring the email recipient back in. This meant they’d drag their feet taking people off of their mailing list. This isn’t the case under the new act. You’re only allowed 10 business days to remove someone who’s requested a removal. While the Act does account for potential slowness in automation, it doesn’t leave enough room for many client-saving emails to go out.
Keeping integrity in your email marketing
The CAN-SPAM Act is a huge step forward in monitoring of email marketing practices. There are many more violations than discussed here. You can check out the FTC for a complete rundown of the rules and violations of the CAN-SPAM. In the meantime, practice transparency in your labeling of emails and allow people to opt-out to stay on the right side of the law.