TMCnet News
Collecting email addresses [Daily Record, The (Wooster, OH)](Daily Record, The (Wooster, OH) Via Acquire Media NewsEdge) A database of email contacts can be greatly coveted by businesses. It is a way of sending a message directly to many potential customers at once. Collecting email addresses is a common marketing strategy. However, did you know that there are laws and regulations restricting the use of email marketing? The most well known legislation is a 2003 law called CAN-SPAM Act. Some people believe that this law covers only bulk mailing. However, it also covers "any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service." This means it applies to any email you send for commercial advertising, whether it is one or many. Just for clarification, it does not apply to emails that are transactional (such as a purchase receipt) or relationship (such as a warranty update). You don't have much to worry about if the email is in regard to goods and services the customer has already agreed to purchase. With email advertising, you do. So what can and can't you do regarding email advertising? One of the most important rules to be aware of is the opt-in rule. This is a rule that I often find businesses violating. It is perfectly legal to have a database of email contacts to which you send advertising. However, each email must have explicitly opted-in to receive those ads. The word "explicitly" is key here. Each customer must submit their email on a form that says they are willing to be added to the list. The fact that their email will be used for email marketing must be known. I cannot emphasize enough the importance of being explicit here. Too often I see companies use such things as an event sign-in sheet, purchase orders, or other forms to collect emails. If it doesn't obviously say that they will be added to an email list, you cannot use it. Another big requirement is allowing for opt-outs. Every time you send a message, you must give the option to opt-out of the mailing list. The opt-out option should be only that. You cannot charge people to get off the list. You cannot make them take a survey or force them to explain why they are leaving (you can ask, but you cannot require it). Another way to stay out of trouble is to just be honest about the purpose of the email. Make sure the identity of the sender is clear (i.e. your business) and you use a real email address from your business to send out messages. There is a fine that is associated with violation of these rules. Up to $16,000 per email violation. Some claim that enforcement of these rules is difficult or just not done. That might be true, but it is still illegal and businesses still get in trouble. While all these rules and regulations sound confusing and tricky, there is a rather easy way to approach the problem. Ask yourself, how would you like to receive email ads. It is not unreasonable to assume your customers want to hear ads and promotions related to a business they like shopping at, however most people don't want to be forced, stuck, or tricked with email advertising. At the very least, the rules prescribed above are good rules for establishing a strong relationship with your customers. There are many services out there such as Constant Contact and MailChimp that not only help you execute a great email campaign, but also keep you out of trouble. Brian Boyer is the managing partner of Web Pyro (http:// www.webpyro.com) located in Wooster. (c) 2014 ProQuest Information and Learning Company; All Rights Reserved. |