$11,000 is a lot to pay for an email

Email seems to be the new brochure and everyone is using it to promote their business. For good reason though, fifty-four percent of small businesses rated e-mail as the number one promotional tactic to drive visitors to their websites and storefronts.

Just about every time I make a purchase I’m asked for my address and always give it, for two reasons: First, I want to see how they use it, see if there is anything to be learned and second, it would be disingenuous not to give it – everyday at the Dog Dish we ask our customers for their address.

All this to say, if you aren’t using email to market your store or product, you should be. It’s inexpensive, effective, immediate, targeted and easy.

Beware, there are rules – which used to be ethical standards that public relations and marketing professionals wouldn’t cross. Not everyone played nice so the government stepped in.

CAN-SPAM (Controlling the Assault of Non-Solicited Pornography and Marketing Act) was passed in 2003. The law is lengthy and getting longer and better every year. The provisions are strict and the penalties are steep, up to $11,000 per violation.

As I mentioned, I never say no and as a result, I get tons of email. Here’s some of the most common violations I see:

  • Providing false or misleading header information including the “From” and “To,” (no bcc: allowed)
  • Not offering an opt-out method. It doesn’t have to be fancy, but you must clearly offer a way for “subscribers” to have themselves removed from your distribution list. As a side, if someone does ask to be removed, you have just ten business days to do so.
  • Not providing a valid physical postal address. A rule yes, but In my humble and sometimes accurate opinion, not having a valid postal address seems suspect.

Additional fines are offered up for those who “harvest” email addresses from Web sites or Web services that have published a notice prohibiting such activity. Even without a published notice I would think it is in everyone’s best interest not to do this in the first place. (memo to myself, add published notice not to steel my email address).

For a detailed overview of all the elements of CAN-SPAM visit their site, http://www.ftc.gov/bcp/conline/pubs/buspubs/canspam.shtm. Better yet, visit any number of email distribution companies such as Constant Contact (tell them I sent you, they give me money when you do that) and hire them to do the dirty but very effective work.

2 Responses to $11,000 is a lot to pay for an email
  1. Abby
    October 23, 2008 | 1:37 pm

    just as a personal vent, i hate spam. and some of the stuff i even sign up for i delete. i do belive email is a very effective and inexpensive tool. my boss and i were just talking today about how much smaller are budget is than marketing, but about how much more valuable we are and how much more we bring in based on our budget.

  2. Megan Porter
    October 22, 2008 | 11:45 pm

    Oh my goodness! $11,000 is one hefty fine for just one violation, but if it keep creepers and crazies from illegally marketing I’m all for it. Thanks for sharing, Bill- I learn something new everyday!

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