Web Marketing Advice

NEW LAWS ON COMMERCIAL EMAIL

If you publish an email newsletter or have plans to, then you need to be aware of a new law that could alter the way you do business.

CAN-SPAM was recently passed with the intention of stopping spam. Ignoring its questionable effectiveness, let's discuss how it concerns you.

Although the law is targeted at unsolicited commercial email, it does affect people publishing email newsletters. All future commercial email newsletters must contain two important items:

1. An easy opt-out (unsubscribe) method.
2. A "valid physical postal address" of the sender.

This begs some questions:
If you’re sending out an email newsletter on parenting advice or beauty tips is that considered commercial? What if you add an Amazon link to your newsletter? How about if you include links to your Web site where you sell products or promote your services? A clear definition has yet to surface.

What about stalkers?
Additionally, I know a few of you may be concerned about including your physical address in your newsletter. Some of our clients—mostly associations—don’t even have a physical address.

What should I do?
Well, IANAL. (No, that's not dirty. It's Web talk for "I am not a lawyer.")

I'm guessing the FTC, who's in charge of enforcing this law, won't be busting down the doors of legitimate email publishers. There are real spammers out there that will probably monopolize most of their time.

However, I recommend that you practice good karma. Only send emails to people who have subscribed to your list (eschew purchased lists for your own safety). Make it easy for people to unsubscribe. Finally, include a postal address of some sort at the bottom of your newsletter.

This may reduce your overall number of subscribers, but the ones you keep will be your best customers anyway.

If you have any questions or comments about this article, please contact us.

--Rich Brooks
President, flyte new media