DeMystifing Common CAN SPAM Myths

Quick Overview : Webinar provided by Jigsaw

• Email continues to be the preferred method of communication in B2B
• 80% of marketers say email is strongest performing media buy
• 50% are now emailing prospects, not just customers
• Per the Direct Marketing Assoc, email produced the highest absolute response rates for those whose primary objective was to generate leads

Myth: CAN SPAM requires explicit permission or “opt-in”

Reality: CAN SPAM is about notice & consent – not “opt” anything

• Regardless of consent, there are certain requirements when sending unsolicited commercial email.
• It is the subject matter of the message and how you identify it that is the key.
• Again, Opt-in is NOT required however, Opt-in will help with deliverability, results, etc… so, you should try to convert “prospect” emails into opt-ins; but it is not required by law

CAN SPAM covers both emails you send to your customers (opt-in – to marketing emails) and your prospects (not opt-in)

CAN SPAM IS NOT: A Data Protection Act – only personally identifiable data – NOT business data

CAN SPAM does:

• Ban false or misleading header (origination) info – must be identifiable
• Prohibit deceptive subject lines
• Require your email gives recipients an easy / 1 click opt-out method
• Must stop sending within 10 days of receiving opt-out
• Must be able to process request at least 30 days after you send the email (live link)
• Requires that you identify as a solicitation or advertisement
• Clear & conspicuous – email intent, opt out, valid physical postal address

Additional fines for e-mailers who:

• Harvest email addresses
• Generate emails using a “dictionary attack”
• Use scripts or other automated methods
• Relay emails through a computer or network without permission

Recent Modifications

• 1 Click opt-out
• PO boxes are OK
• CAN SPAM applies to businesses and individuals

BEST PRACTICES: CAN SPAM Compliance

• Applies to Business Email – not PII (Personal Identifying Information)
• Requires no questions asked removal opt-out process
• Open-ness and transparency (i.e. header, subject line, etc…)
• Aggressively, continuous testing
• Use only reputable data vendors
• Stay away from manufacturing and/or harvesting emails
• Stay on top of change: 40% change rate per year – ensure list hygiene with quarterly updates
• Continue to utilize all best practices you’ve developed around opt-in
• Manage deployment of emails yourself / in-house or through a legitimate ESP… don’t send via 3rd party list providers

DMA Guidelines for Ethical Business Practices

• Clear communication
• Clear description on how you collect and use your data
• What type of data you keep and how you secure it
• Accountability and enforcement inside your organization
• Multi-channel opt-outs
• Easy access to policies
• Commercial solicitation online/including email

Marketers may send commercial solicitations online under the following circumstances:

• Can send solicitations to their own customers
• Individuals have given their affirmative consent to the marketer to receive solicitations online
• Individuals didn’t opt-out after opportunity was given to do so
• For third party lists: must receive assurance that individuals on list did provide consent to receive solicitations or have already received opportunity to opt-out but have not chosen to do so
• The individual is not the marketer’s in-house suppression list
• Within each email solicitation, marketers should furnish individuals with notice of automated mechanism to “opt-out” (EZ & Fast opt-out)

RE: Rent, sale or exchange of emails

• Assure that you do not rent, sell or exchange their email addresses for online solicitation purposed
• If individuals request that their names be removed from marketer’s in-house list, then marketers may not rent, sell or exchange their email addresses with 3rd parties for solicitation purposes
• Only marketers that rent, sell or exchange info need to provide notice of a mechanism to opt-out of information transfer to 3rd party marketers

Where do I find emails?

• Use reputable sources
• Scrutinize capture methods
• Test, test & test
• Datahouses once were the sole provider of data (i.e. D&B, Harte Hanks, InfoUSA, etc..)

In Web 2.0 world there are new ways to acquire data

• Web Crawling: Generate, Hoovers, ZoomInfo, Spoke
• Social Networking: LinkedIn, FaceBook, etc…
• Wiki/Community: Jigsaw, NetProspex (Strongest Data Quality)

What email issues do they Address?

(S)             Strong (M)  Medium     (W)    Weak

How do I keep them accurate?

Traditional technologies

• eCOA (Change of Address service)
• Hygiene/update services
• Deliverability reporting, management

Best new technologies

• Include the above, plus…
• Jigsaw-like real-time updates
• Generate-like frequent web crawling updates

In Summary …

• Email for Acquisition / Prospecting is a growing trend –make sure you’re not left behind
• Utilize CAN SPAM to DO responsible email for prospecting, not to PREVENT you from doing so.
• Utilize Best Practices at all times
• Choose your data providers, deployment providers, and hygiene/update providers carefully.

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