"e" Customer Communication

Recently I participated in a fascinating online business dialogue which yielded some insights of how much "variance" there can be in the understanding of something seemingly concrete like a law.

There was enough "juicy material" that I had to share it, because this is something that I believe many people think about, wonder about, and inevitably let them stop them!

The question is: I am (or my company is) doing something wonderful. Can I email people about it, given the CAN-SPAM law?
In the same way that my articles on home business always include the standard disclaimer, "I am not an accountant. Always consult appropriate counsel before making business decisions" I advise in this case: "Consult appropriate counsel if you feel uncertain about the ramifications of this article".

The first answer to this question is the legal one:

Yes -- as long as you are not misleading about who you are or the subject of the email, clearly identify the message as advertising, and provide a method for opting-out.

The second answer is the social/cultural one:

Yes -- and the devil is in the details.

For example, if you buy a DVD with 100 million email addresses on it for $99 from an "onine marketing" company, you are pretty clearly getting people who did not "opt in". However, I have worked on initiatives for clients to "rent list" from a magazine (or other organization that provides access to its subscriber list) where recipients were very willing to hear about our offer.

The main costs or liabilities are:

1. flame mail, where upset recipients reply that their explicit permission was not obtained


2. blacklisting, where internet service providers automatically or with manual human input determine that your IP (internet address) is sending what is perceived as spam

In both cases, I and many clients have been "wrongly" accused. Some day, maybe technology will provide a clearing house to help us remember what we've subscribed to and what we haven't (note to self -- entrepreneurial opportunity).

So if almost "anything goes" with CAN-SPAM, why is it that people think spammers are lawbreakers when most are not? This is an "affirmative" law, which does not specifically "prohibit" specific activities. Rather, it provides guidelines for "how to stay compliant".

I hope this helps clarify your communications tactics, so you get out of any "analysis paralysis"!