SPAM!!! – What are the rules? – Case Study
Current Site Traffic
From a recentĀ study, CompanyEC has found that we have a low level of returning visitors to our website. While weĀ areĀ receiving a high number of new visits per day, on average only 12% of our visitors per monthĀ areĀ returning.
This is an issue that we have noticed and today I would like to introduce to youĀ theĀ solution on gaining more return visits.
TheĀ method that I will present to you today is called bulk email marketing. āA Direct Marketing AssociationĀ studyĀ found that email marketing is second only to search engine marketing as a top method of driving traffic to Web sites.ā This marketing will target users who have specifically opted–in to our mailing list to receive updates on new sales, discounts and other company information.
In addition, this campaign will allow for us to lowerĀ theĀ cost of developing promotional hard copy, printing, packaging, postage, and other material. Email marketing is also known to yield a much higher response rate than traditional mailings.
WhatĀ is SPAM?
If you have ever heard ofĀ theĀ term bulk marketing, then you have probably also heardĀ theĀ term SPAM used to describe it.
TheĀ question is,Ā whatĀ is “spam”?
SPAM isĀ theĀ acronym used for Specifically Persecuted Advertising Mail
TheĀ term spam was first used inĀ theĀ early 1990s to describe e–mail messages, not related toĀ theĀ topic of discussion and postings that swamped newsgroups. Spam is frequently described as e–mail that is sent in bulk; floodingĀ theĀ Internet with copies ofĀ theĀ same message and forcing these unwanted messages on Internet users who might otherwise have chosen not to receive them. Rich, R. Lloyd. (1999).
Most spam is considered commercial advertising and it has received its bad name of spam due to it often relating to “dubious products, get–rich–quick schemes, or quasi–legal services”. Spamming normally consist of targeting a bulk list of users simultaneously withĀ theadvertisement. (Rich, R. Lloyd, 1999).
TheĀ CAN–SPAM Act
CAN–SPAM Act of 2003 is an acronym, which stands for: ControllingĀ theĀ Assault of Non–Solicited Pornography and Marketing.
TheĀ CAN–SPAM Act of 2003 was signed into law on December 16, 2003 by President George W. Bush.Ā This law wasĀ theĀ United State’s first attempt at a national regulation forĀ theĀ sending of commercial email.Ā Ā TheĀ Federal Trade Commission (FTC) is responsible for regulating and enforcingĀ theĀ law.Ā (Spam Laws, 2009).
TheĀ Can–Spam act consists of settingĀ theĀ rules and regulations for commercial messages and emails. In addition, it givesĀ theĀ recipientsĀ theĀ rights to haveĀ theĀ sender ofĀ theĀ spam to stop emailing them.
SPAM Penalties
TheĀ can–spam act also has tough penalties for those who do get caught spamming without abiding byĀ theĀ rules of it. Violation ofĀ theCAN–SPAM Act is subject to penalties of up to $16,000 (Federal Communications Commission, 2010).
A well–knownĀ caseĀ of spam involvedĀ theĀ popular social networking site Facebook and Sanford Wallace and two others in February 2009 alleging they used phishing sites or other means to fraudulently gain access to Facebook accounts and used them to distribute phishing spam throughoutĀ theĀ network. Sanford hacked into user accounts andĀ sent as many as 30 million junk e–mails a day inĀ theĀ 1990s.Ā (Mills, Elinor, 2009).Ā
TheĀ result of thisĀ caseĀ was that Sanford was charged and had to pay a fine of $711 million.
This is an extremeĀ caseĀ of spamming that has a perfectly reasonable outcome. This kind of spamming should be penalized and this person should getĀ whatĀ he deserves. However, we defiantly donāt plan to hack into accounts and utilize another company or websites server to our advantage. That isnt our goal, nor will we do it under any circumstance.
TheĀ fact is that unsolicitedĀ Spam has absolutely no benefits. It is unethical, notoriously low converting, and can even land you in jail – or leave you with millions of dollars worth of fines.
Bulk Mailing Can–SPam
Our bulk mailing list will only include solicited advertising to an opted–in list of users. We have no plans to spam illegally.
Despite its name,Ā theĀ CAN–SPAM Act doesnāt apply just to bulk email. It covers all commercial messages, whichĀ theĀ law defines as āany electronic mail message, which has a primary purpose of commercial advertisement or promotion of a commercial product or service,ā this could also include email that promotes commercial websites and its content.
TheĀ rules stand strong rather if theyĀ areĀ sent to current, previous or potential customers. Business–to–business emails also have no exception toĀ theĀ rules. All emails must comply withĀ theĀ laws.
SPAM andĀ theĀ First Amendment.
Many have stated that spam is simply an act of our first amendment right. I myself personally agree. However, this right doesnāt give everyoneĀ theĀ right to solicit their commercial business or product to anyone they choose or to however many email addresses they can find. No one wants to be solicited by products or services that they didnāt sign up for or products or services that they have no interest in.
And for that reason, our marketing plan has no desire to spam using this method. We will only market to those whoĀ areĀ interested in our services. If they choose that they arenāt interested any longer, they simple unsubscribe to that newsletter. We arenāt going to make it hard for them. We donāt plan to keep pushing our service to someone who isnt interested. Because if we did, that wouldnāt benefit us.
TheĀ fact is that we will have people who will mark our messages as spam. We will have subscribers who unsubscribe to our mailings. We will possibly even get a few hate emails from prospects thatĀ areĀ upset that their name is on our mailing list.
Nonetheless, if we create a great list of users interested in our services, which we will, we will ultimately have more sales. We will create a strong list of users whoĀ areĀ glad that they have signed up for our mailings because they were able to find out when we had a new promotion or discount. We will have users tell their friends about our new service line. We will also have thank you emails from customers whoĀ areĀ grateful that weĀ areĀ offering and promoting such great services.
With that said, whileĀ theĀ first amendment does give us freedom to sayĀ whatĀ it is that we want to say. It works even better when we say it to people who want to hear it. People who will voluntarily sign up to hearĀ whatĀ it is that we want to say.Ā TheĀ plan is to create a list just like that. Our mailing list will include users who volunteered their information. Weāll create this list from asking current and previous customers. Any time a user signs up for our services, we will ask them if they also want to sign up for our newsletter program. In addition, weāll add an opt–in box on our website which will allow for potential customers to sign up. By creating our list this way, we will create a strong list of subscribers who will be happy to receive our emails.
TheĀ question is, is it truly considered spam if weĀ areĀ marketing web design services to individuals whoĀ areĀ interested in web design services? Should all commercial email advertising be punished because authorities consider it spam? No. I donāt agree with that, nor is thatĀ theĀ law. We have never illegally spammed, nor do we have any plans to illegally spam.
TheĀ Advantages of SPAM
We wont be buying a bulk list of prospects in order to spam their email account.
In addition, we will also include a link so that users can easily unsubscribe to our e–marketing service if they no longer wish to receive emails form us.
How we will followĀ theĀ rules
TheĀ rules to spamming state:
Donāt use false or misleading header information.
In response to this rule, we will make sure that our headersĀ areĀ not misleading. A way to make sure of this is to match our headings toĀ theĀ message body. IfĀ theĀ body ofĀ theĀ message is to promote our upcoming sale on business cards, our header will read: Save on Business Cards
Donāt use deceptive subject lines.
Okay. We will make sure that weĀ areĀ truthful and accurate in our subject lines. If weĀ areĀ looking to promote our 10% discount on our web design services for a particular month:Ā theĀ subject title will read: Save 10% on a new web design.
IdentifyĀ theĀ message as an ad.
Our mailings will include words such as sale, discount and will clearly state that it is an advertisement. We wont confuse our subscribers to think that it is a personal message.
Tell recipients where youāre located.
Our mailings will include our website address, phone number, return email address and physical address information within its footer. If users wanted to contact us, they could do so easily.
Tell recipients how to opt out of receiving future emails from us.
Our mailings will include information on how to opt–out. This could include a link, which directsĀ theĀ users to our companyās opt–out web page. Here, users will be able to fill in their email address and press a button and they automatically become removed from our list.
Honor opt–out requests promptly.
Weāll make sure that our list is automated so that human error is less likely. OnceĀ theĀ user clicksĀ theĀ opt–out button, they will receive a confirmation and our systems will be updated.
Avoid purchasing email list that may not have given valid permission.
We will be sure to create a list of users who have opted–in only.Ā This will allow us to avoid upsetting recipients and will allow for us to create an accurate and targeted list of users.
(Federal Communications Commision, 2010).
Email Sample
TheĀ answer isnt to not spam, its to spam legally.
Here is an example advertisement of how we plan to use spam legally.
As you can see, this advertisement covers all ofĀ theĀ guidelines.
- Its clearly an advertisement as it mentions discounts and sale information
- HasĀ theĀ company address and other contact information.
- Has a clear header and subject.
- Provides users with a way to opt out of receiving any further mailings.
In addition, it allows for us to
- Market our company brand and image.
- Advertise our services and products.
- Let users forward to a friend
- Connect users to our social networking sites
Itās a win–win forĀ theĀ recipient and for our company.
Conclusion
Yes: spamming is illegal. Mass unsolicited email is illegal. However, bulk marketing is perfectly legal.
TheĀ difference is that bulk email marketing can consist of an opt–in list of users who have signed up to a mailing list because theyĀ areinterested inĀ theĀ product or service.Ā TheĀ legal part about this that we will utilize in our campaign is that it has a list of users who have opted–in to receive these messages fromĀ theĀ company.
We will be sending these users highly targeted advertisements. We donāt plan to send emails about vitamins or new techware. Users who sign up will be interested in our services and news and will be linked back to our company website.
These individuals will consist of a list of users who have already shown a deep interest in our services.
How we benefit
Utilizing email marketing to attract attention to our services is a very effective way to turn prospects into clients. With this service, we can keep our users updated and familiar with our website and services. Bulk email marketing is a great way of ensuring that we receive valuable and repeat customer visits.
Credits
Federal Communications Commission. (2010).Ā Can–spam: unwanted commercialĀ electronic mail.Ā Retrieved September 9, 2010, from http://www.fcc.gov/cgb/policy/canspam.html
Federal Trade Commission. (2009).Ā TheĀ can–spam act: a compliance guide forĀ business. Retrieved September 9, 2010, from http://www.ftc.gov/bcp/edu/pubs/business/ecommerce/bus61.shtm
Mills, Elinor. (2009).Ā āSpam kingā could face criminal charges in facebookĀ case.Ā Retrieved September 9, 2010, from http://news.cnet.com/8301–1009_3–10264069–83.html
Zedtoo. (n.d.).Ā Did you really mean to say spam is legal inĀ theĀ united states. Retrieved September 10, 2010, from http://www.zedtoo.demon.co.uk/no–spam/legal.html
Scott Hazen Mueller. (2010).Ā Frequently asked questions about spam.Ā Retrieved September 10, 2010, from http://spam.abuse.net/faq/
Rich, R. Lloyd. (1999).Ā Internet legal issues: spam. Retrieved September 10, 2010, from http://www.publaw.com/spam.html
Spam Laws. (2009).Ā TheĀ can–spam act of 2003. Retrieved September 10, 2010, from http://www.spamlaws.com/federal/index.shtml
eHow. (n.d.).Ā How to abide by spam laws when sending mass emails. Retrieved September 10, 2010, from http://www.ehow.com/how_2040799_abide–spam–laws–sending–mass.html#ixzz0zIZqFToq