What is Spam? 5 Years in Jail ?? Yikes!

A month or so ago I moved my Internet Marketing for Wedding Professionals e-newsletter from AWeber to Constant Contact.

I really like Constant Contact and while it doesn't do everything I have with AWeber (auto-responders, being one of the main differences) it is better.

I'll talk more about Constant Contact and email marketing and how you can use it in the near future at Book More Weddings / Marketing To Brides Online websites.... but today I thought I'd share Constant Contact's SPAM policy.

I'm always asked:

"What is SPAM"

"Can I use this list of email addresses I just got from the bridal show I did last weekend?"

"How do I get email addresses?"

If you follow these guidelines and rules you'll have a complete understanding of SPAM and keep yourself out of jail (yes, you can be put in jail for up to 5 years!).

Constant Contact's Policy (http://ui.constantcontact.com/CCSpamPolicy.jsp)

What is SPAM?

It is a yummy luncheon meat that tastes delicious on white bread with mayo and mustard. Oops... wrong Spam.

SPAM is unsolicited email also known as UCE (Unsolicited Commercial Email). By sending email to only to those who have requested to receive it, you are following accepted permission-based email guidelines.

What constitutes a pre-existing business relationship?

The recipient of your email has made a purchase, requested information, responded to a questionnaire or a survey, or had offline contact with you.
What constitutes consent?

The recipient of your email has been clearly and fully notified of the collection and use of his email address and has consented prior to such collection and use. This is often called informed consent.

Chris: So you should have a business relationship, or pending business relationship AND consent. Not just one or the other - both!

Isn't there a law against sending Spam?

The federal anti-spam law went into effect on January 1st, 2004 and preempts all state laws. While this new law will not stop spam, it does make most spam illegal and ultimately less attractive to spammers. The law is specific about requirements to send commercial email and empowers the federal government to enforce the law. The penalties can include a fine and/or imprisonment for up to 5 years.

How Constant Contact protects you from sending spam:

Constant Contact is a permission-based email-marketing tool that follows the strictest permission-based philosophies:

Communication - Your Constant Contact registration page already states why you are collecting the site visitor's email address, how you plan to use their address, and that you are following the embedded privacy policy. Additionally, by accepting our license agreement you have agreed to use only permission-based lists and never to sell or rent your lists.

Verification - Constant Contact automatically sends all of your new contacts an email confirming their interest in receiving emails from you. Additionally, if your contact changes his or her interests or unsubscribes, Constant Contact automatically sends an email confirmation.

Unsubscribe - Every email generated from Constant Contact contains an unsubscribe link which allows your contacts to opt-out of future emails and automatically updates your contact lists to avoid the chance of sending unwanted emails to visitors who have unsubscribed.

Identification - Your email header information is correct because it is pre-set for you by Constant Contact. Your email's "From" address is verified and already accurately identifies you as the sender.

Contact Information - all of your emails are pre-filled with your contact information including your physical address.

How to protect yourself from Spam: Take the Spam Test

1. Are you importing a purchased list of ANY kind?
2. Are you sending to non-specific addresses such as: sales@domain.com, business@domain.com, webmaster@domain.com, info@domain.com, or other general addresses.
3. Are you sending to distribution lists or mailing lists which send indirectly to a variety of email addresses?
4. Are you mailing to anyone who has not explicitly agreed to join your mailing list? (This is why I believe it is SPAM and ILLEGAL to send email to mail lists you get from a bridal show that you participated in).
5. Have you falsified your originating address or transmission path information?
6. Have you used a third party email address or domain name without their permission?
7. Does your email's subject line contain false or misleading information?
8. Does your email fail to provide a working link to unsubscribe?
9. Are you failing to process any unsubscribe requests that come to you via a reply to your email within 10 days or the request?

If you have answered YES to ANY of the above questions you will likely be labeled a SPAMMER.

For more information visit The Coalition Against Unsolicited Email (http://www.cauce.org/) or contact Constant Contact (http://www.constantcontact.com/).

Chris Jaeger
Book More Weddings
http://www.bookmoreweddings.com/

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