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What Every Small Business Needs to Know About SPAM

We all seem to have a general idea that SPAM = BAD but don’t really understand it. What are the rules? When is it ok to email someone and when is it not?
Written Jun 12, 2012, read 721 times since then.
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It’s not just reindeer hooves and puppy noses anymore… Ok that’s not REALLY what SPAM is made out of... or is it??

Anyway, we’re really talking about a completely different type of SPAM. The one NOT made of deer hooves and puppy noses, but just as mysterious!

The subject came up recently in one of my Small Business Marketing Workshops and I realized there is a lot of confusion about SPAM in the small business community.

We all seem to have a general idea that SPAM = BAD but don’t really understand the ins and outs. What is it exactly? What are the rules? When is it ok to email someone and when is it not? 
So I’ll try to clear it up for you.  

What the heck is all this fuss about SPAM anyway? We all get tons of emails every day. And too many of them are unsolicited and annoying, right? Well without the CAN-SPAM Act there would probably be hundred more.

The Act was established to protect consumers from deceptive email practices and bombardment of junk email. It’s a “law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have you stop emailing them, and spells out tough penalties for violations” (source: CAN SPAM Act).

So what the heck does this really mean? It means if you want to email someone to promote your company in any way... whether you’re selling to them directly in the email or not – you must follow the CAN-SPAM rules.

But I’m just a tiny company; my emails don’t fall under this Act do they? – YES, they do! Here is what the Act says is covered under the law: “all commercial messages, which the law defines as “any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service,” including email that promotes content on commercial websites. The law makes no exception for business-to-business email. That means all email – for example, a message to former customers announcing a new product line – must comply with the law.”

SPAM is ANY unsolicited email that is intended to promote your business, product or service– the bottom line is don’t email people who haven’t given you permission. Yes, you can send them one email asking if they want to be on your mailing list – but a phone call is better.

Ok, so how do I avoid being labeled a SPAMMER?

  • 1. Don’t use false or misleading header information. Your “From”, “To”, and “Reply to” and routing information – including the originating domain name and email address – must be accurate and identify the person or business who initiated the message.
  • 2. Don’t use deceptive subject lines - being creative is one thing, but flat out deceiving recipients is against the law.
  • 3. Include your address - you MUST have your address somewhere in your email
  • 4. Give recipients the option to opt out and an easy way to do so – every commercial email must have a clear and simple way to opt out from future emails.
  • 5. Honor opt-out requests immediately! – Don’t wait

And finally, SPAM is not just a suggestion – it’s the LAW! – And there are fines for violators!

Besides all this formal stuff - sending emails to people who don't ask for them is just plain rude. Why would you want to start off a relationship making someone mad at you? It's very simple to ask, "hey I send out weekly marketing tips, would you like to receive them?"  People usually say yes, but I also tell them if they don't like it they can easily opt out... No harm, no foul.

If you want to read the full text of the CAN-SPAM Act visit The Bureau of Consumer Protection Site.

Tell us some of your SPAM experiences! 

Learn more about the author, Carolyn Higgins.

Comment on this article

  • Writing & Publishing Coach, Business & Marketing Consultant 
Bellevue, Washington 
Deborah Drake
    Posted by Deborah Drake, Bellevue, Washington | Jun 18, 2012

    Carolyn,

    My favorite SPAM experience: If I just met you and you add me to your list to be kind and make it convenient on me (which has been done to me numerous times) you just did the reverse of making a friend in me. I will take the time to write you and say it was great to meet you BUT, please remove me immediately from your list that I didn't sign up for (nicely of course!) and that I would appreciate you respecting my business email as I will yours.

    I work to keep my business email about one to one or small group emails with intention and there are still those scraping my email for their SPAM. Fellow Bizniker and article author Phill Briscoe mentioned that using a SmartHost is a smart move but that doesn't stop the people we actually know from abusing that they know our email (sometimes).

    There are two schools of thought on list building that I am aware of. 1. they opt themselves in. 2. We opt them in and tell them they are free to unsubscribe. One friend of mine says this increased 401k enrollment and savings plans for peeps in companies...Email I didn't order is not a 401K plan that might be good for me...(smile)

    I am of the opinion #1 is the way to go.

    I love your article. In a day and age where we do get too much email noise, it is ever more important to remember that permission based "marketing" is a better use of time than "spamming" your address book or the new contacts made or found.