Email marketing is considered one of the most effective strategies for reaching customers with an estimated ROI of $36 for every $1 spent. Many marketers use strong email marketing strategies to engage with approximately four billion daily email users to reach that target audience. Some, however, either deliberately or unknowingly choose to follow the proper guidelines around compliance with best practices.
Email marketing compliance guidelines encompass a wide range of behaviors and guidelines starting with the emergence of “spam” email.
History of Spam Emails
As email marketing evolved in parallel with the rise of the Internet, spam mail evolved with those developments. Although the first spam emails were sent in 1971 (and the first mass marketing email in 1978), the term “spam email” did not emerge until the 1990s. Receiving its name from a Monty Python sketch, spam email became a battle for businesses who appreciated the efficiency of regular email but wanted to avoid communications clutter. Although spam filters debuted in the 1990s, they have shared a parallel evolution to spam email efforts.
Some email marketers relied on strategies that fostered spam email, focusing on acquiring a large audience and user share through deceptive means. These strategies include
- Crafting deceptive subject lines that would deceive the recipient about the purpose or nature of the email message;
- Purposefully crafting the email to mislead the recipient into believing that it was not a marketing/advertising piece;
- Providing misleading header information (including spoofing an email address) to mislead the recipient into sharing and engaging with email content; and
- Adding recipients to their email list without consent while not providing opt-out information.
Although some initial efforts were made to regulate spam email, consistent guidelines were established with the passage of the CAN-SPAM Act of 2003.
CAN-SPAM ACT: What It Is and What It Does
The CAN-SPAM Act of 2003 provides compliance guidelines for email marketing campaigns. These guidelines include
- Avoiding misleading header information and subject lines;
- Identifying the email as an advertisement;
- Providing physical contact information; and
- Providing opt-out information.
Non-compliance with CAN-SPAM can result in both large fines and possible legal consequences. You can easily integrate CAN-SPAM compliance into your email marketing efforts by integrating recommendations such as clear and concise header and subject lines, identifying the email as an advertisement, and including physical contact and opt-out information.
Other Questionable Practices in Email Marketing
Although creating and disseminating spam emails can harm your email marketing and branding efforts, it is not the only ethically dubious practice. Although building an email customer contact list takes time and effort, there are “shortcuts” that professional marketers should strive to avoid:
- Buying lists – Although buying (or renting) email lists is legal in the United States, the practice raises specific ethical and legal issues such as quality of data, lower click-through and open rates, and non-compliance with privacy laws. Contacts who are subscribed via purchased lists may perceive your outreach as spam, resulting in damage to your brand reputation.
- Harvesting – Although harvesting can include purchased email lists, it also includes collecting email addresses through various means. Email harvesting shares similar drawbacks to buying email lists, it is also illegal under the CAN-SPAM Act.
- Honeypot Emails – Another drawback to purchasing/ harvesting email lists is the potential to get caught in a honeypot. Honeypots (similar to “spam traps”) are purposefully created decoy email addresses to identify and blacklist those who send unsolicited emails as well as trap spammers. Being caught in a honeypot can have negative risks including loss of reputation, reduced trust from Internet service providers (ISPs) and even reduced deliverability by some email providers.
Although email marketing is an effective strategy, spam email and other questionable practices should be avoided as part of a marketing professional’s code of ethics. Complying with CAN-SPAM and avoiding other harmful practices may require more work, but ensure you retain your brand reputation with current and potential customers.
How do you stay current on compliance rules and regulations regarding email marketing?
Author: Gordon Dymowski
Author: Gordon DymowskiB2B Social Media Marketing Consultant/Copywriter
Gordon Dymowski is a B2B social media consultant and copywriter working with small to medium-sized businesses around audience engagement, lead generation, and driving revenues. Gordon has assisted various organizations in social media strategy, engagement, and analytics with a specific focus on healthcare, technology, and mission-driven ventures. He is also a fiction writer who has written for various independent publishers.
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