Email Marketing Laws

Email Marketing Laws (Important)



Email marketing is a very effective way or reaching your target market. It is less expensive than other types of marketing while allowing your to reach large volumes of consumers. By 2008, it is expected to be the most used method of advertising. Are you aware of the various email marketing laws that are in effect throughout the United States and other countries? It is important that you take the time to educate yourself on this topic before you procedure with an email marketing campaign. 36 of the 50 states have privacy laws in place regarding email marketing tactics. There are also laws in Europe, Australia, and Asia. It is a good idea to have an attorney who specializes in these laws to assist you with your email marketing campaigns. If you are a small business planning to go about it on your own, it is very important that you are aware of how these laws affect you.

The CAN-SPAM Act was implemented in the United States to protect the privacy of consumers on January 1st of 2004. CAN-SPAM is short for Controlling the Assault of Non-Solicited Pornography and Marketing Act. The act prevents the use of misleading to and from headers in the email. Marketers are required to include their physical address in the email. There must be an opt out link in every email that gives the consumer the ability to reach the marketer and tell them they no longer want to receive information from them. The sender of the email must work to remove this email address from their data base within 10 business days. Any email that contains sexual content must be clearly labeled and identified before the recipient opens it. Marketers have to get permission from the consumer in order to sell their email address.

Regulators of the internet are getting harder on marketers who violate these laws. They are imposing huge fines. In some cases the sender of these marketing emails can be sentenced to jail for a maximum of five years. The harsher regulations are to protect the users of the internet and email services who felt their privacy was being violated as their email continued to be bogged down with hundreds of solicitation emails that were randomly sent without any target market in mind. As the use of email marketing continues to grow, expect the regulations to be further enforced.

In addition, businesses who continue to send such materials to consumers who have requested to be removed from the data base mailing list may decide to sue you and your company. As a business owner, this can be scary. The law protects you as well though. You will not be liable if a spammer has used your business as a cover for their endeavors. You are also not liable if a virus is found in your email marketing campaign as long as you did not place it there or know it was in place prior to sending out the emails.

The Coalition Against Unsolicited Emails is a non-profit advocate organization to help consumers know their rights, to stop unfair email marketing practices, and to provide businesses with answers to their questions before they engage in such activities. They also work closely with members of Congress to get laws passed that will be in the best interest of both consumers and businesses. Their website is a great place to get information.

To Your Success, Michael Thomas

P.S. Email marketing is a great opportunity to keep your business in the mind of consumers as well as encourage them to make new purchases. It is important that you follow the laws and regulations that have been put in place to protect consumers from unfair email marketing practices. While most businesses do all they can to follow these laws too many don’t. Others simply aren’t educated in these laws so they break them without intending to or realizing they have. The internet is a great place to get additional information of fair email marketing practices as well as the laws for each country. Keep a good eye out for any changes in these laws. There are not any pending issues in the legislation at this time.