Have you done any kind of business online since January 1, 2004. No doubt some of you have received emails concerning the new "Can Spam" legislation signed into law on December 16, 2003, by President Bush and which became effective Jan. 1, 2004. That law - affectionately known as the 'Controlling the Assault of Non Solicited Pornography and Marketing Act of 2003' - now governs your commerce communications very specifically.
It can also affect those of you who reside and operate most of your business outside of the United States. Notice the "most" - if any of your business is conducted inside the US or using US companies (i.e.. hosts, autoresponders, advertisers, online banks or payment processing companies, etc.), than this law may applied to you too!
Unlike certain other online marketers, I am not writing this to have you purchase a teleconference or eSeminar seat to get further information. I've received 37 emails to date almost all wanting to "give me a freebie" by "letting" me purchase a seat in an eSomething about Can Spam for "only" $197.00, or some such other nonsense.
I'm writing this article for one reason only - to help you become more aware about the new laws regulating online commerce, and to point out that common sense, polite, honest business done with customers or subscribers who already have a relationship with you is really your best defense against violating the terms of the new regulations.
Many people have contacted me asking if they should stop email marketing altogether. My short answer is ... No, don't run scared; just walk cautiously and carry the big stick of honesty and forthrightness. In other words, conduct business as usual if you've been conducting it fairly, openly and above board (as any online or offline business should be conducted). If this is your case, then Can Spam hardly affects you at all. If not, then you might want to start thinking about a new line of business somewhere offline.
First, the law. You can read it for yourself at http://www.spamlaws.com/federal/108s877.html and you really should read it for your own due diligence and protection. I've also included another link at the end of this article to give you a start at further investigation into this vital topic.
Here are a few items of business conduct that you need to check:
1.) Make sure that all of your business related emails have:
your real name your real email address your real physical address or Post Office box your telephone number (not necessary, but a good touch to help prove that you are an honest businessperson and to show that you don't mind being contacted) a link that allows the receiver to opt-out of further mailings (check often to make sure that the link is functioning properly)
2.) Make sure that your web site (and email with links, if possible) definitely:
has a Terms of Use Policy has a Privacy Policy has a Child Use Policy has a Guarantee/Return Policy have all policies clearly marked and easy to access
3.) Make sure that the customer/subscriber has access (links to) your Terms of Use and Privacy Policies at the point where they purchase or subscribe. Add a "I have read and agree to the Terms of Use" checkbox that they have to mark before being allowed to purchase or subscribe.
4.) Make sure that you never send a business related email to someone who has not requested it or who has not agreed to a Terms of Use Policy that clearly states that they will be receiving commercial email from you, or has opted-out of further mailings.
5.) Make sure that you use a double, or confirmed, opt-in system for subscribers and customers -- GetResponse at http://www.howtoworkfromhome.info/gr.html has an extremely effective double opt-in autoresponder system, click here.
6.) Make sure that your email Subject line, Header and Return Address are all honest, truthful and uncloaked.
7.) Make sure you keep a file (and back-up) of all opt-in requests, whether by email or web form. This becomes evidence should someone complain about you to the Federal Trade Commission.
The above points are not by any means all that you need to consider. However, if you are using a double opt-in system, contact only people who have given you permission to contact them, are polite and courteous, provide numerous opt-out methods, have plain and conspicuous User Policies on your web site, do not use deceptive subject lines-headers-return email addresses and overall conduct an honest and truthful business, then you are relatively safe from being accused of Spamming.
Just a friendly warning, if you don't take action to conform to the new law, then Can Spam will definitely Can You in 2004!
Really, if your business is being run as it should, you only have to make some minor adjustments. Adding you physical address and telephone number, updating your user policies and providing and checking on a regular basis opt-out links on your web site and in your emails.
Think of it this way, Can Spam will hopefully help get rid of the shady online operators whose actions adversely contribute to internet marketing's reputation. Only good can come from this regulatory evolution. Those of us who practice open, customer-relationship driven business will benefit in the long run!
Here is another resource for further information: http://www.wilsonweb.com/wmt9/canspam_comply.htm Dr. Ralph F. Wilson, E-Commerce Consultant
© Brian Schaeffer, editor of the How To Work From Home eZine, has been involved with the internet, online home based business building and netpreneurism since 1995.
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