Everybody hates spam. You really don't want your hosting service provider to discontinue your affiliate marketing website because they received spamming complaints, much less get into trouble with the trade commissions. Especially after you've done so much search engine optimization to your site. But the structure of your business requires you to rely on a certain percentage of "hits" in response to your emails.
In Europe and the UK, an EU "opt-in" directive is now in place and being upheld for international Internet marketers. Those who send commercial emails and mobile SMS messages without permission can now be fined thousands of dollars.
Countering the EU anti-spam legislation is the "CAN-SPAM Act," passed in the United States in 2003. Known as the "opt-out" directive, this little number allows virtual spamming by placing the responsibility on the recipient to opt-out by replying to unsolicited commercial emails with a message to unsubscribe.
Spamming isn't illegal, provided you play by the rules. But the advice is to watch it, especially if you are in the business of global marketing via the Internet. Theoretically, U.S. citizens who break EU and UK anti-spam laws may be extradited, heavily fined and tried. And the possible prison penalties that came in the wake of the new Act in the U.S. aren't anything to look the other way at either.
Be careful, global marketers, the CAN-SPAM Act of 2003 is only the prelude. You don't have to be a specialist to predict that regulation for unsolicited email will continue to grow in future. So you should build your opt-in lists while you can, and as fast as possible, but do see it as your duty to use your lists responsibly, as your trusting subscribers so rightly deserve.
Now let's take a look at what you can do to stay out of trouble as you continue to grow your mailing list: * Always provide a working unsubscribe option.
Use only email addresses that you obtained legitimately. Never use anonymous re-mailers. Consider using double opt-in lists. If you want to play it completely safe, avoid purchasing leads altogether. Keep any records that you have of your opt-in subscribers as proof (name, email address, IP address, date & time stamp etc.). Always provide a real reply-to email address. Never use anonymous re-mailers. Clearly label your email as being a commercial message that "may contain advertising or solicitation". Never use misleading subject lines. Always provide a postal address (a PO Box is always a good idea - you really don't want to go public with your home address).
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