List Building: Is Your Email Within The Law?

It's been almost three and a half years since the U. S. CAN-SPAM act went into effect, and though it didn't help to stem the flow of spam into our inboxes every day, you still have to follow the law.

"I'm just a one-person operation," you may be thinking. But even so, even if you're just starting out with list building, you have to remember that your'e still liable. One spam complaint could shut you down or worse. Though you're probably protected if you use an online autoresponder service, if you're handling mail on your own, there are some things you need to be aware of.

Here are some important parts of the law:

* No false or misleading email headers. The "To" and "From" lines must be accurate, and you must provide accurate routing information. That should include the location of your domain and your proper email address, and it must identify the person sending the email.

* No misleading subject lines. For instance, you can't write to people saying the message is from their doctor when you're trying to sell them Viagra. It happens all the time. Those messages are illegal.

* People must be given a way to opt out of the list, and provide a return email address. When someone does opt out, you have to honor their request.

Whatever opt out method you choose, it must be active for 30 days, at least. You only have 10 business days to get people who have requested to be removed off the list.

* You have to identify your message as an advertisement and include your snail mail address, too.

Those are the general rules. But there are a couple of other things to consider. Never, ever buy lists of email addresses. Harvesting of addresses is also illegal, so don't do it. Set up a proper list building page that sends your subscribers' names and email addresses to an autoresponder that automatically confirms subscriptions. This "double opt-in" process is just safer. Nothing in the law says you have to do this, but it just makes things safer.

Always include a link in your email where people can opt out, and show that's what it's for. Usually, when you use an online autoresponder service, this is handled for you. Just be sure. And if you're using your own software, be sure you're in compliance. If you're not and you're accused of spamming, you could receive an $11,000 fine and/or be sent to prison. Is it worth it?

Definitely not.




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