Email Campaign Marketing

[QuattroFour4]

Jurisdiction

Florida

I'm growing a small business and am looking to email campaigns as a form of marketing. As long as I comply with CAN-SPAM Act guidelines (no misleading subject lines, give the option to unsubscribe, etc.), am I able to send emails to a paid email list? Or do I need each recipient's consent prior to sending them emails?

 

[Tax Counsel]

I'm growing a small business and am looking to email campaigns as a form of marketing. As long as I comply with CAN-SPAM Act guidelines (no misleading subject lines, give the option to unsubscribe, etc.), am I able to send emails to a paid email list? Or do I need each recipient's consent prior to sending them emails?

In what states are you going to be sending these marketing e-mails? This matters because you not only have to follow the federal law, but the applicable state laws, too.

And just my two cents on the value of e-mail marketing: no one I know likes getting spam e-mails, and the companies that send them run the risk of turning off a lot of potential customers. Most unsolicited e-mails I receive go straight to a junk e-mail box and I never even really look at them. Those that I do see I take note of the businesses that sent them so that I'll avoid doing business with them. You might want to discuss your plan with a good marketing pro. Get this wrong and you might do your business reputation more harm than good.

 

[QuattroFour4]

I'm sending the emails only in Florida. Even with a custom domain and the supposed "right" email settings, I did find that a large percentage end up in the spam folder. At the same time, I have seen some positive response as well. But then I received a threatening email from Squarespace (I use them for email campaigns), and so I wanted to be sure I at least wasn't violating any laws.

"Don't use our Services to send spam, emails that violate CAN-SPAM or other laws, emails to people who have not explicitly consented (where such consent is required) or other unsolicited communications (bulk or otherwise), promotions or advertisements. Note, we reserve the right to determine what constitutes spam."

As far as I know, there's a difference between cold marketing and spam, but I have a feeling a lot of recipients are marking it as spam and, like you said, it could be doing more harm than good.

 

[Zigner]

As far as I know, there's a difference between cold marketing and spam, but I have a feeling a lot of recipients are marking it as spam and, like you said, it could be doing more harm than good.

Do you REALLY think there's a difference between "cold marketing" and "spam"? Nobody else does.

 

[adjusterjack]

But then I received a threatening email from Squarespace

Squarespace's definition of Spam (not yours) is what counts and your account with them can be terminated.

Unsolicited email is Spam. Period.

It goes in the junk folder just like unsolicited snail mail goes in the trash.

I wish I had a device that could send an EMP back over the internet to destroy the spammer's computer and everything attached to it.

 

[Michael Wechsler]

There are legal, technical and business issues.

Legal - answered above. Check federal law (CAN-SPAM) and state law for starters. But you've got large issues besides this.

Technical - I won't get into detail but there are whitelisting measures that businesses need to take to avoid going directly to the junk mail filter. They can apply on the domain and IP address levels.

Business - Some may not care. But especially if you're local, beware of the consequences when you cast a greater potentially unwanted shadow in your neighborhood. And mixed with the business is the technical if you're sending these messages from squarespace. They don't want to deal with a client's mass mailing campaigns. There are companies which do.

 

[flyingron]

Also, understand that most internet providers like Amazon Web Services and the like take a dim view of this sort of thing. They take initial steps to keep you from setting up your obnoxious spam robot and will shut you down in an instant once the complaints about your unconscionable activity starts rolling in.

Also, your alledged customers should be informed that I will NEVER do business with any company that spams me.