Know-How Exchange : E-Marketing

Certainly if someone has done business with you and provided their email there is an "implied" (note: not a lawyer speaking) acknowledgement that they would receive emails from you.

Definitely want the first one to go out asking if they'd like to receive future ones. Honestly though, most people just reply with "remove" in the subject line or body without even going to the "unsubscribe". So, make certain you acknowledge that and don't leave it up to constant contact.

Remember, a compelling offer is rarely unsubscribed to.

Michael

#1. It's OK to send them one edition of the enewsletter, but do preface it (you can put the copy in as pre-header or snippet text) by explaining that you are sending them a sample copy given their interest in your products, that they will not receive any further editions unless they sign up/subscribe, and provide a link right there to a sign up page (Certainly there are variations of this concept, so it's the concept that's important, not my specific format) Provide same offer and link in the footer. If you can segment, non responders should get an offer to subscribe in every email communication that they receive. If you can't segment, then include the offer in all appropriate communications, including transactional.

#2--same as #1.

#3. In this case, yes, but in each edition of the enewsletter, I would create a specific enewsletter sign-up or opt-in opportunity. You will see much better metrics on the actual subscriber editions. Further, for those who do not sign up, periodically send an email asking if they still want to receive it, or better, in the style of traditional "re-engagement" campaigns, use metrics reports to isolate those who have not clicked on anything in the enewlsetter (you do have links, right?) for, say, 3 months, and craft a specific message to them, encouraging sign up. (Note the language here is not opt-in, but "subscribe" or "sign-up."

Whatever you do in this case do not keep sending the enewlsletters indefinitely to the non-subscribers. This can lead to all kinds of potential problems, from spamtraps to reputation--even if the recipients are your customers.

Of course have sign up options on--and I mean this--on EVERY page of your site, ideally up to 3 times per page (top, middle, bottom). I have one, usually with a button, in the top nav bar, in the right rail above the fold, at the bottom, and in the page footer. If you use a frame or c-clamp for every page, incorporate the sign-up modules in the frame.

All of this is more detailed than i can explain here. If you want more elaboration, contact me directly, arthursc@rcn.com.

Send away. CAN SPAM specifically includes anyone that has connected with you before that hasn't opted out.

But further on this.

Sending unsolicited emails is not spam--it's just annoying. It never has been and it never will be spam. Lying to someone, defrauding someone, cheating someone by email IS.

The rules are no different than for any other communications medium. Send me a letter I didn't ask for--no foul. Send me a letter pretending to be someone you're not--federal crime. Same with phone. Same with carrier pigeon.

CAN SPAM didn't make email somehow different than anything else. It simply codified and prohibited the points of potential fraud from email. It's short and clear worth reading.

There are legal and ethical questions.

For the Can Spam Act info go here https://business.ftc.gov/documents/bus61-can-spam-act-compliance-guide-busi...

Here are the steps I recommend:

1) Make sure you have an updated Privacy Policy and Terms of Use on your website that covers what you will and won't do with emails as well as how you can change those terms and alert your "members."

2) Send a message to the persons for whom you have emails and ask them if they would like to receive your newsletter and ask them to opt in. Make it simple. Do not automatically put them on a list and keep sending to them. They will either delete it every time you send it and give you no further thought, delete it and hate you, e-yell at you, or report your messages as spam and get you blacklisted.

I would recommend a solid subject line and an introduction in the email that makes sure they know they have done business with you, and a sample newsletter contained in the body of the message (not an attachment). Or you can include a link to view a copy of the newsletter. If you can make them an offer/discount/provide something (i.e., content) they want in exchange for signing up, so much the better.

3) Don't forget you have to have a surface mailing address on your newsletter as well as a clear way to opt out.

Remember, the cleaner your list (which means the people receiving it want to receive it and you have good emails for them), the better your results.

Last but not least, make sure your newsletter has content that your users want. It won't take long for them to determine the value of your emails to them.

As a few others have said, according to the law - CAN-SPAM - there is nothing illegal about sending email to folks who have no opted-in. As long as you have a valid unsubscribe option & honor it, you are good. There are many other pieces of CAN-SPAM but that's one that is often misinterpreted. In the email marketing world, we refer to CAN-SPAM as *can* (pronounced "ken") spam. In other words, the bar is quite low.

Most email service providers - Blue Sky Factory included - would suggest that you be very careful if you choose to send email to those that have not given permission. As others have said, spam is really unwanted (and sometime unexpected) email. Note your complaints carefully. I know that Constant Contact is quite strict on this stuff. If your complaint rates get too high, they will fire you!

Also, be sure you are up to speed on the new Canadian Anti-Spam Law - FISA - detailed here: https://blog.blueskyfactory.com/industrytrends/new-canadian-anti-spam-law-f... - They are a lot more strict on opt-in.

Hope that helps!

DJ Waldow
Director of Community, Blue Sky Factory
https://www.blueskyfactory.com
@djwaldow

Dear amarkowski,

Technically, yes. You can send whatever e-mail you want to to people that have contacted you. There's nothing stopping you doing this.

But ethically? Answer me this: would you want your mother to receive unsolicited e-mail from anyone that wanted to send her e-mail?

If your answer to this is "No", then don't send the e-mail.

Some time ago I acquired an e-mail list of thousands of names. But not one person on that list receives e-mail from me because not one of them has opted in. I deleted the list a few weeks ago because to me, it's pretty well useless.

I hope this helps.

Gary Bloomer
The Direct Response Marketing Guy™
Princeton, NJ, USA