Will Spam Laws Kill Your Email Marketing?
But I'm Not a Spammer!
In 2004, California’s passed a spam law prohibiting the sending of unsolicited email advertisements. While the law is aimed at spammers, its wake is rippling toward every legitimate email marketer because the bill takes an “opt-in” approach, similar to what the European Union has adopted. It makes it illegal for you to market to someone who a) you do NOT have a existing transactional relationship with, or b) who has NOT given you direct consent to contact.
This bill is very different from the smattering of legislation of the US Congress, like CANSPAM. These bills take an opt-out approach — giving the marketer the right to make first contact through email but then placing the burden on the consumer to opt out if they no longer want a spammer’s spew, or the marketer’s email. (Note: These opt-out bills would also require marketing emails contain an “ADV” tag in the subject line along with opt-out verbiage. Ironically, complying with these requirements ensures your email will be filtered as spam.)
Now, before your list broker gets you suit-happy over rights violations, let the spirit of this law sink in a bit. Spam bills are passing because constituents are pushing legislators for a resolution to their inbox deluge. They want their inboxes reserved for conversations with people they know, not solicitations from people they don’t. Email is NOT direct mail. In the online world, traditional direct mail IS spam.
