Email Newsletter- Faux Pas or Breaking The Law

Since the late 90’s email has gone from a passing fancy to a standard way of communication.  It took some time for business to really start to capitalize on the incredible marketing tool that email is.  Even before it became a standard part of everyone’s marketing strategy, spammers were already working the system and were seeing success.

Today we see hundreds of businesses of all types using email to communicate with their existing customers.  Special offers, updates on events, and even just a holiday greeting has helped to maintain customer loyalty and retention.  And as we all know, the costs are minimal compared to the old standby of direct mail.  So why not!

This brings us to the RULES.  Yes, there are rules.  And if you dont already know the rules, you could very well be breaking them…and it could cost you.

Setting the Scene

We see this every day, we contact a magazine on behalf of one of our clients to place a advertisement in an upcoming issue.  The business is conducted, the magazine sells an ad space, and we and our client measure the results once the magazine hits the stands.

The Fallout

What started as a business transaction ends in a bombardment of offers and newsletters from said magazine.  Believe it or not, this happens quite often and it is completely against the rules.  The first rule of advertising by email is that your “customer” must have knowingly registered to receive emails from you, whether it be a newsletter or special offer.  If “Bob” did not say “I would like to receive your newsletter and/or special offers”, then at no time is it okay to send “Bob” commercial email of any kind.

So, if you are sending “Bob” emails without he expressed consent, then beware.  But there is more.  Learn the rules before its too late.

CAN-SPAM Act

What is it?  If you send commercial messages to customers then beware.  By definition “any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service” is governed by the CAN-SPAM Act.

Here are the rules:

  1. Don’t use false or misleading header information.
  2. Don’t use deceptive subject lines.
  3. Identify the message as an ad.
  4. Tell recipients where you are located.
  5. Tell recipeints how to opt out of receiving future email from you.
  6. Honor opt-out request promptly.
  7. Monitor what others are doing on your behalf.

The Penalties

Please note that it is acceptable to contact people that you have done business with in the form of transactional or relationship emails.  These constitute a sales receipt, information about the business moving, shipping information, warranty information, and basically anything else that does not constitute an advertisement for goods and services.

If the email says “we’re having a sale”, “come out for the concert to help support our cause”, or any other special offer, then follow the rules noted above.  First, be sure you have an opt-in (if you dont, then STOP and do not mail).  Penalties are severe.

Each separate email in violation is subject to penalties of up to $16,000.00.  Can your business afford the fees for unsolicited emails?

For more information visit the Federal Trade Commission site.

© Blue Lava Design Group, Inc.

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Marketing- To Pay Or Not To Pay

Marketing – To Pay or Not To Pay

Some time ago  I was contacted in regards to a marketing position at a large local company.  I immediately set out to discover everything I could about that company and how I might be able to help them in their marketing efforts.  We’ll call them Company A.

My interviewer was the owner of  Company A.  Directly following our initial pleasantries, he boldly stated to me that he had no faith in marketing people and that he felt that in general, they were typically con artists that wasted a lot of company money.  This was then followed by the question, “So, what do you think you can do to help my company grow?”  Needless to say, in my mind, the interview was over.  I was not here to defend my profession nor every one of my predecessors.  I proceeded to review my thoughts on branding, corporate image, growth potential, and target markets.  We discussed the company’s logo and the importance of recognition.  Most of this conversation fell on deaf ears.

Many business owners share this mentality although most would not be so bold in stating so in quite the same way.  Usually it’s posed as a question.   Why should I pay for something I can do for myself?  Good question, right?  In some cases, the person asking that question may be quite capable of doing it themselves, but for the most part many spend time and money grasping at marketing straws in an attempt at finding that great idea that sticks.

Everyone’s A Painter

Whether it is out of necessity or for the simple sense of accomplishment we have all had that moment in our lives when we chose to do something ourselves instead of paying someone else to do it.  Everything from self-help books to the large home improvement stores have instilled in us a general sense of know how.  And for those with the “can do” attitude, it’s the incentive we needed to rip the wallpaper off the living room walls and splash on the trendiest new paint colors.

Any of us who have painted in our own homes know the amount of work entailed.  Even a simple paint job requires specialized equipment; brushes, rollers, nap, drop cloths, screens etc are all part of a painter’s equipment list.  For the unseasoned professional, additional equipment might be needed such as painter’s tape, cutting-in tools, paint pans and much more.  The cost starts to quickly add up and for equipment that we will likely never use again.

Aside from the financial investment comes the time investment.  Time that could be spent with family and friends is now dedicated to getting this labor intensive task done.  What might take a professional a day to complete could become a project that drags through a weekend or two.

The Bottom Line

Every business owner knows the true value of time.  Time is money.  If you want to tackle your own marketing are you prepared to spend the time learning the tricks of the trade or the financial investment that comes with special tools required to get the job done?  In today’s day and age, most marketing professionals are well versed in the brick and mortar tactics, but also have a good grasp on the latest technology tools for use both online and off.

Maybe your business is not large enough to support a full-time position for a marketing person on staff.  This is usually one of the biggest reasons that most small businesses try to tackle the task themselves.  It comes down to the bottom line.

There are options to be considered.  Researching local professionals that can provide your business with an outsourced solution can be of great value.  It could provide your business with a liaison that fills in the gap you may have in your business’ marketing.

It has been years since that faithful interview.  Company A  is still in business today, but with each passing year a new small competitor carves out a small piece of  their market.  Those small pieces will start to add up.  Company A still has no branded logo and I was recently told by one of his employees that it was her job to trademark their logo, a logo that is composed of varying pieces of clip art.

Will this company be around in ten years?  Maybe, but they could have helped to secure their position in the community with a little tweaking in their marketing years ago.  Asking for marketing help can do wonders to keep moving your business forward.  Remember to consider your options.

Copyright (c) 2010 Blue Lava Design Group, Inc.

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