Are You Spamming Fellow Businesses and Potential Customers?

You may be and not even know it.

The CAN-SPAM Act, a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have you stop emailing them, and spells out tough penalties for violations.

Despite its name, the CAN-SPAM Act doesn’t apply just to bulk email. It covers all commercial messages, which the law defines as “any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service,” including email that promotes content on commercial websites. The law makes no exception for business-to-business email. That means all email – for example, a message to former customers announcing a new product line – must comply with the law.

Each separate email in violation of the CAN-SPAM Act is subject to penalties of up to $16,000, so non-compliance can be costly. But following the law isn’t complicated.

For more information about CAN-SPAM visit: http://business.ftc.gov/documents/bus61-can-spam-act-compliance-guide-business. Three complaints to the FTC will result in a fine.

A couple of the biggest offenders by businesses of the CAN-SPAM Act, is not telling recipients how to opt out of receiving future email from you and honoring opt-out requests promptly.

Legally You can add a customer’s email address to your mailing list - without even asking them - under CAN-SPAM, under the “business relationship” rules.

But it is NOT polite business etiquette to add someone’s email address to a distribution list for solicitation or newsletter emails without their explicit permission.

How many times have you gone to a networking event, a trade show or even met up with a fellow business person for a cup of coffee, and then next thing you know you’ve been added to their sales specials, newsletter or direct pitch email list?

A suggested way to add someone to your distribution list, is ASK first.

i.e Dear John, it was a pleasure meeting you yesterday. Etc etc. I would like your permission to add you to my email distribution list.

With Regards, John Doe from the Jane Doe Marketing Agency.

If you do not get a reply or get a NO, don’t add them.

They have done consumer studies on the results of adding people to email lists without their direct consent. The results? The consumer (or business owner) is over 75% less likely to buy a product or service from that company.

These two blog posts sum it up quite nicely

http://blogs.constantcontact.com/product-blogs/email-marketing/permission-marketing/

and

http://www.gettingemaildelivered.com/retailers-do-you-ask-before-adding-a-customer-to-your-marketing-email-lists

If you are emailing customers and potential customers, I would suggest using a service that not only is CAN-SPAM compliant, but also allows you to manage your email lists, segment them and manages un-subscribes for you as well. 

Some suggested online email services. Emails can be sent for as low as 2¢ each.

Constant Contact http://www.constantcontact.com (monthly fee, nonprofit discounts)

Vertical Response http://www.verticalresponse.com (monthly fee or pay as you go, nonprofit discounts: if your organization is a 501(c)(3) you can send to up to10,000 emails per month Free)

Mail Chimp http://mailchimp.com/ (Free up to 2000 subscribers, or a monthly fee)

There are many more emailing services online, but I would suggest before you start using any of them, investigate pricing, if you are locked into a service plan and what options they offer (and support) as well. A service with a customer service support line or ticket system is highly recommended, so to pay a few cents more is well worth the price.