Left Brain Focus for Right Brain Creative Businesses

The Truth About CAN-SPAM

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A web designer on LinkedIn just asked if it was OK for a client to send a new email newsletter to a list of potential prospects.

During her initial meeting with the client, she correctly told them that reputable email marketing services require opt-ins.

After the meeting, she did more checking and found, to her surprise, that opt-in is not required by CAN-SPAM.

She wanted to know if there was an ethical way to send unsolicited email to a list. Or was that a really bad idea.

CAN-SPAM encourages more spam

She’s right. It’s technically legal to send emails without permission, under CAN-SPAM.

In fact, CAN-SPAM actually encourages more spam. Before the law was passed, marketers worked very hard to get permission to contact people via email.

There was a great deal of debate over whether single opt-in (just enter your email address) or double opt-in (type your address, and confirm it) was required.

Technically doesn’t mean ethically

So, it’s technically OK, as long as you include your physical address, provide an opt-out link, and use a real email address.

It may not legally be spam, but the people who get it will perceive it that way. Your message is more likely to get bounced, blacklisted, or stuck in spam filters.

One reason for using AWeber (or another company like it), is because they have a high delivery rate, are a recognized legitimate mailer, and will also manage opt-outs, bounces, etc.

And, before you send email to any list, make sure you know where it came from. Did you “buy” it (the quality is probably poor, and the names scraped from contact information on the Internet, or build it yourself? Were those names collected recently? If they’re from the design conference you went to in 2008, they’re no good. Those people have forgotten about you. If you email them, they will probably think it’s spam.

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P.S. My free ebook “Email Marketing Made Easy” has lots more tips about email done right. You can download it here. No registration needed.

Related posts:

  1. Seven Do’s and Don’ts of Email Marketing
  2. Jodi’s Email Marketing Rant 2010 Edition!
  3. Is Your Email Personal?
  4. How to Avoid Email Marketing List Disasters
  5. Seven Legit Marketing Ideas From the Spam Folder

2 comments

1 Sue L Canfield { 02.08.10 at 12:10 pm }

I appreciate your comments about what is ethical. That’s much more important to me than what’s technically correct. Some choose to send a one time mailing to prospects that haven’t opted in and allow them the choice to then opt in. I don’t mind if someone does that to me. What I do mind is when someone does it several times. If I didn’t respond the first time, I’m not interested. I also strongly encourage using some sort of email management system like Aweber or Constant Contact. And buying a list is never the right option. Thank you Jodi for this great information.
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2 Jodi { 02.11.10 at 9:09 am }

I also strongly encourage using some sort of email management system like Aweber or Constant Contact.

Absolutely. I use AWeber myself, and recommend it to other people. It’s not only more ethical, it’s easier, since they manage the opt-ins, bounces (bad addresses), etc. automatically.

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