|
Bobette Kyle
One of the most popular and potentially effective advertising methods
is direct email. If you deliver a well-written message and execute delivery properly you will be
rewarded with new leads, sales, and traffic to your Website. If the message is poorly written or
you commit a netiquette faux pas, however, your efforts could end in disaster.
If you are new to Internet marketing, you might equate direct email to direct postal mail. The
concepts are very similar; in both you broadcast a standard message to a large number of
individuals in hopes of receiving positive responses. To the uninitiated, it is logical to assume
you can approach the two in the same way. It seems like the only difference is the means of
communication. If you are thinking this way, STOP! STOP! STOP!
Many people perceive unsolicited commercial message (UCE) - spam - differently than junk mail from
the postal service. The sender pays for direct mail sent through the postal service. Not so for
UCE. Spam on the Internet ties up the recipient's resources by using storage space, slowing down
systems, and sometimes crashing equipment. For this reason and others, many abhor spam. Some
assertively condemn spammers. If you spam you will undoubtedly be reported to your ISP and email
provider. Depending on the circumstances, your accounts could be closed and your Website may be
shut down. Need I say it? This is NOT the result you are looking for from your email marketing
program.
Some email advertisers feel that as long as there are unsubscribe instructions in the email or they
only send one message it is okay to send unsolicited email. A few use never-passed legislative
proposals in their defense. In marketing, perception is far closer to reality than loophole
rationalizations. Some recipients are offended whether the unsubscribe phrase is there or not and
they are offended even when they receive only one message from you.
Different individuals define spam differently. Some consider all forms of UCE or unsolicited
commercial postings spam. This means that if you send advertisements without prior permission from
the individuals you will get complaints. In all likelihood you will be reported as a spammer.
Because service providers generally have user agreements that are stricter than current U.S. state
and federal laws, you are likely to be reprimanded, have your site shut down, and/or be put on a
blacklist if you send out UCE.
Spam / UCE Law
As of this writing there are no U.S. federal laws governing UCE. (Note: Beginning January 1, 2004
CAN-SPAM - Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 - went
into effect. You can read the full bill and more information here: http://www.spamlaws.com/federal/108s877.html )
Some states also have laws that regulate UCE. These states are California, Colorado, Connecticut,
Delaware, Idaho, Illinois, Iowa, Louisiana, Maryland, Missouri, North Carolina, Nevada, Ohio,
Oklahoma, Pennsylvania, Rhode Island, Tennessee, Utah, Virginia, Washington, and West Virginia.
Depending on the state, allowable claims range from $10 per message up to unlimited damages. Most
state laws allow opt-out procedures, as does CAN-SPAM. In other words, companies can legally add a
recipient's email to a list without his/her knowledge as long as a means of removal is provided.
For details by state, go to http://law.spamcon.org/us-laws/index.shtml .
International laws are stricter. Seven countries - Austria, Denmark, Finland, Germany, Greece,
Italy, and Norway - have opt-in laws. In order to legally send UCE, you must first have the
recipient's permission. Other countries have opt-out directives or pending legislation. EuroCAUCE
provide details at http://www.euro.cauce.org/en/countries/index.html.
Worldwide, there is much discussion about UCE and laws are changing quickly. There are several
sites you can monitor for details about UCE. These include the SpamCon Foundation, the Coalition
Against Unsolicited Commercial Email (CAUCE ), and the spam section of The Open Directory
Project.
Bobette Kyle draws upon 15+ years
of Marketing/Executive experience, online marketing experience, and a marketing MBA as inspiration
for her writing. Bobette is proprietor of the Web Site Marketing Plan Network (http://www.WebSiteMarketingPlan.com
). She is also author of the marketing plan and Web promotion
book "How Much For Just the Spider? Strategic
Website Marketing For Small Budget Business."
You can search all articles on the network through the marketing
directory by going here: http://www.websitemarketingplan.com/directory
|
