Mailouts

Why not to spam

Spam is sending unsolicited email. It does not matter if have bought the list or if is being sent just to a business, unless specfic consent has been given it is SPAM.
In the UK it is an offence to send spam to individuals.
Individuls have the following rights:
1. Not to have their personal email addressed processed or stored without consent.
2. Not to receive marketing email without explicit consent unless it is related to an existing relationship with the company and they have not withdrawn consent.
 
If you are found to be illegally sending spam, the penalties may be very high as each email sent is a separate offence.
 
In the UK sending unsolicted emails to businesses whilst it is still spam may not be illegal. However, if you are sending it to an individual's email address at a company eg johnsmith@companywebsitename this may still be illegal depending on the compamy type, and use of the email etc.
 
Even if you are not committing an offence in sending spam your ISP may not like you sending spam and cut off your account. Your ISP if they beleive you are sending large amount of spam may suspend your account so you would then have no Internet access at all.
 
If you get a "bad name" as sending spam your company or website etc may be blacklisted, meaning that your emails wont be received.
Sending spam can damage your company's reputation. See excellent article WHEN SPAM BURNS YOU by Linda Formichelli
So as well as legal reasons there are good reasons not to spam.
 
Most software companies that send out out emails for companies have a strict anti-spam policy.
 
If you send spam using our Easy Mailouts sofware we will suspend or cancel your account with us. The same is true if we are sending emails on your behalf- if you supply us with an email list that is not an opted in list and any complaints of spam are received we will cancel your account with us.
 

Complying with CAN SPAM ACT

Note as explained above, the UK law is tougher than the CAN SPAM ACT. Each separate email in violation of the CAN-SPAM Act is subject to penalties of up to $16,000, so non-compliance can be costly.
The following is a summary of CAN-SPAMís main requirements:
Donít use false or misleading header information. Your ďFrom,Ē ďTo,Ē ďReply-To,Ē and routing information Ė including the originating domain name and email address Ė must be accurate and identify the person or business who initiated the message.
Donít use deceptive subject lines. The subject line must accurately reflect the content of the message. Identify the message as an ad. The law gives you a lot of leeway in how to do this, but you must disclose clearly and conspicuously that your message is an advertisement.
Tell recipients where youíre located. Your message must include your valid physical postal address. This can be your current street address, a post office box youíve registered with the U.S. Postal Service, or a private mailbox youíve registered with a commercial mail receiving agency established under Postal Service regulations.
Tell recipients how to opt out of receiving future email from you. Your message must include a clear and conspicuous explanation of how the recipient can opt out of getting email from you in the future. Craft the notice in a way thatís easy for an ordinary person to recognize, read, and understand. Creative use of type size, color, and location can improve clarity. Give a return email address or another easy Internet-based way to allow people to communicate their choice to you. You may create a menu to allow a recipient to opt out of certain types of messages, but you must include the option to stop all commercial messages from you. Make sure your spam filter doesnít block these opt-out requests.
Honour opt-out requests promptly. Any opt-out mechanism you offer must be able to process opt-out requests for at least 30 days after you send your message. You must honor a recipientís opt-out request within 10 business days. You canít charge a fee, require the recipient to give you any personally identifying information beyond an email address, or make the recipient take any step other than sending a reply email or visiting a single page on an Internet website as a condition for honoring an opt-out request. Once people have told you they donít want to receive more messages from you, you canít sell or transfer their email addresses, even in the form of a mailing list. The only exception is that you may transfer the addresses to a company youíve hired to help you comply with the CAN-SPAM Act.
Monitor what others are doing on your behalf. The law makes clear that even if you hire another company to handle your email marketing, you canít contract away your legal responsibility to comply with the law. Both the company whose product is promoted in the message and the company that actually sends the message may be held legally responsible.
 
USEFUL GUILDLINES
UK, Guidance for marketers on the Privacy and Electronic Communications part 1
UK, Guidance for marketers on the Privacy and Electronic Communications part 2
 
ARTICLES ON SPAM
WHEN SPAM BURNS YOU by Linda Formichelli
 
CONTACT US
If you are complaints or questions about spam from us email us at abuse@easymailouts.com

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