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Copyright 2002 Bobette Kyle. All rights reserved.
____________________________________________________________
Direct Mail Advertising; Email Is Not Like Postal Mail.
by Bobette Kyle
One of the most popular and potentially effective advertising methods is direct
email. If you deliver a well- written message and execute delivery properly you
will be rewarded with new leads, sales, and traffic to your Web site. If the message
is poorly written or you commit a netiquette faux pas, however, your efforts could
end in disaster.
If you are new to Internet marketing, you might equate direct email to direct
postal mail. The concepts are very similar; in both you broadcast a standard message
to a large number of individuals in hopes of receiving positive responses. To the
uninitiated, it is logical to assume you can approach the two in the same way. It
seems like the only difference is the means of communication. If you are thinking
this way, STOP! STOP! STOP!
Many people perceive unsolicited commercial message (UCE) - spam - differently
than junk mail from the postal service. The sender pays for direct mail sent through
the postal service. Not so for UCE. Spam on the Internet ties up the recipient's
resources by using storage space, slowing down systems, and sometimes crashing equipment.
For this reason and others, many abhor spam. Some assertively condemn spammers.
If you spam you will undoubtedly be reported to your ISP and email provider. Depending
on the circumstances, your accounts could be closed and your Web site may be shut
down. Need I say it? This is NOT the result you are looking for from your email
marketing program.
Some email advertisers feel that as long as there are unsubscribe instructions
in the email or they only send one message it is okay to send unsolicited email.
A few use never-passed legislative proposals in their defense. In marketing, perception
is far closer to reality than loophole rationalizations. Some recipients are offended
whether the unsubscribe phrase is there or not and they are offended even when they
receive only one message from you.
Different individuals define spam differently. Some consider all forms of UCE
or unsolicited commercial postings spam. This means that if you send advertisements
without prior permission from the individuals you will get complaints. In all likelihood
you will be reported as a spammer. Because service providers generally have user
agreements that are stricter than current U.S. state and federal laws, you are likely
to be reprimanded, have your site shut down, and/or be put on a blacklist if you
send out UCE.
* Spam/UCE Law
As of this writing there are no U.S. federal laws governing UCE. Some states,
however, have laws that regulate UCE. These states are California, Colorado, Connecticut,
Delaware, Idaho, Illinois, Iowa, Louisiana, Maryland, Missouri, North Carolina,
Nevada, Ohio, Oklahoma, Pennsylvania, Rhode Island, Tennessee, Utah, Virginia, Washington,
and West Virginia. Depending on the state, allowable claims range from $10 per message
up to unlimited damages. Most state laws allow opt-out procedures. In other words,
companies can *legally* add a recipient's email to a list without his/her knowledge
as long as a means of removal is provided. For details by state, go to http://law.spamcon.org/us-laws/index.shtml.
International laws are stricter. Seven countries - Austria, Denmark, Finland,
Germany, Greece, Italy, and Norway - have opt- in laws. In order to legally send
UCE, you must first have the recipient's permission. Other countries have opt- out
directives or pending legislation. EuroCAUCE provide details at http://www.euro.cauce.org/en/countries/index.html.
Worldwide, there is much discussion about UCE and laws are changing quickly.
There are several sites you can monitor for details about UCE. These include the
SpamCon Foundation (law.spamcon.org), the Coalition Against Unsolicited Commercial
Email (CAUCE, www.cauce.org), and the spam section of The Open Directory Project
(dmoz.org/Computers/Internet/Abuse/Spam).