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FIB - Scams 101 - Ye Olde Archives
Posted By: Sandi Moses In Response To: ...but in order to read the article, you have to sign up... (Mel. White)
Tuesday, 7 June 2005, at 11:42 a.m.
(Bits & Pieces)
Topic: The Impact of SPAM on Email Marketing - We
investigate the new CAN-SPAM law and find how one major
retailer risked a minimum $41,500 fine just by sending
holiday emails to its customers.
We recently released the audio recording of our clinic on
this topic. You can listen to a recording of this clinic
here:
Windows Media Audio:
http://meclabs.com/cgi-bin/pl/pl.cgi?cvw
RealMedia:
http://meclabs.com/cgi-bin/pl/pl.cgi?cvr
This research brief will answer the following questions:
...
FINDINGS
________________________________________________________
1. How much are you risking when you send a marketing email?
Not all SPAM comes from criminals in some abandoned
warehouse. During the course of our research we came across
a U.S. retailer who had unknowingly received more than 80
SPAM complaints in the past three months. They were simply
sending periodic specials and updates to their past
customers.
...
Potential Fine $10,000 $10,500 $21,000 $41,500
Risk Per Click $24.87 $14.90 $22.80 $20.47
-----------------------------------------------------------
***> What You Need to Understand: This U.S. retailer
received over 80 SPAM complaints in the last three months.
The most alarming factor in these campaigns was the automatic
$41,500 in state fines that could have been imposed by the
State of Florida if these 83 SPAM complaints had all been
pursued.
...
Each state has adopted its own legislation to handle SPAM.
But to give an idea of the potential risk, imagine that you
SPAM someone in Michigan and the font size of your
unsubscribe instructions is smaller than the main body of
your message.
Use our free SPAM fine calculator to see what your maximum
fine could be:
http://www.marketplacesnapshot.com/spamfine.xls
...
***> What You Need to Understand: On average 68% of all
email our test groups received was SPAM.
...
***> What You Need to Understand: Illegal prescription drug
offers, pornography, and product offers made up 47% of all
of the SPAM our test groups received.
...
We offer a number of tips on complying with CAN-SPAM in the
next section. The full legislation is available here:
http://www.spamlaws.com/federal/108s877.html
The FTC website also provides a number of resources for
becoming CAN-SPAM compliant:
http://www.ftc.gov/bcp/conline/pubs/buspubs/canspam.htm
....
It is
important to be CAN-SPAM compliant to improve email marketing
effectiveness as well as to avoid significant financial
penalties and even prison. In addition to federal law, most
states have enacted their own legislation and automatic
penalties for spammers.
4. How can you improve your email marketing and avoid sending
SPAM to your customer base?
1. Be Aware of Filters...
2. Get Unambiguous Permission...
3. Get Good Subscriber Addresses...
4. Maintain Your List...
5. Plan Your Message Format...
...
Plain Text vs. HTML Email Deliverability
...
***> What You Need to Understand: HTML email gets
rejected by ISPs and SPAM filters twice as often as
plain-text email....
6. Send Legitimate Content...
...
Website URLs: Research potential newsletter advertisers
before allowing them to place ads in your newsletter
issues. If they have used their website URL to send
SPAM, just having their URL appear in your newsletter
could cause the entire message to be blocked or
filtered.
...
7. Make Sure You Are CAN-SPAM Compliant
Anne Mitchell is CEO of the Institute for SPAM and
Internet Public Policy . Anne was
kind enough to provide a quick outline for email
marketers who want to make sure they are CAN-SPAM
compliant:
a. There must be a way for the recipient to opt-out
permanently from your list. ...
b. While a user does not specifically need to "opt in"
to your list, you may not send email to lists you
purchased, stole, or compiled unethically. In other
words, only contact your customers or those who have
specifically requested information....
c. You must include a physical mailing address (street
address) in every email message indicating who you
are and how you can be contacted....
d. If the email is an advertisement, it must be clearly
marked as such,...
e. Sexually orientated material must be clearly marked
as such in the subject line....
f. You may not mask where your email is being sent from....
...have your legal
counsel review the full legislation here:
http://www.spamlaws.com/federal/108s877.html
8. Join a Reputation Service
...Several
reputation services are:
http://www.isipp.com/iadb.php
http://www.bondedsender.com
http://www.habeas.com
9. Get on the Whitelists
(Most of this article was edited out, so if it affects you, it would be a good idea to read the full article linked in Sandi's original post.... Luv, MaaMaw)
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PLEASE READ THIS LEGAL NOTICE CAREFULLY BEFORE YOU FILE A LAWSUIT OR EVEN WASTE TIME THINKING ABOUT IT. It has been done before, but never successfully. In fact, the last dodobird who tried it ended up being ordered to pay more than $77,000 in attorney fees ($65,000+ to my attorneys and $12,000+ to my co-defendant's legal advisor).
If your attorney is worth his salt, he's going to tell you that the expense of filing a lawsuit you can't win is a whole lot worse than any "damages" resulting from messages posted on this insignificant little chunk of cyberspace. NEWS FLASH: I didn't just climb down off that ol' turnip truck yesterday. I'm well aware that expressing a negative opinion, relating one's personal experience, and restating provable facts are all legal in this country and do not constitute libel, slander, or defamation -- so you don't want to play games with me, and you sure don't want to start something you aren't prepared to finish. I don't take threats lightly, and I don't accept bribes (or did you call it a "mutually-beneficial arrangement"?). I'll turn you in faster than you can yell, "ARREST ME, I'M SCUM!!" Do yourself a favor and turn your legal team loose in greener pastures. Although we may, from time to time, monitor or review discussions, postings and the like on the Friends In Business (Scams 101) Message Board, we are under no obligation to do so. We are not responsible or liable for any claim arising from the content of any such discussions or postings or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information contained within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane materials or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. You are likewise prohibited from posting any false claims against any company or individual. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any such information or materials. By posting messages and/or content on the Friends In Business (Scams 101) Message Board, you give permission for Lesley Fountain/Friends In Business/Shoestring Success Publications to display, distribute and use the posting and content for publication, advertising, promotion, excerption or example. You grant Lesley Fountain/Friends In Business/Shoestring Success Publications complete, perpetual, but non-exclusive rights to use, archive, reproduce, adapt, modify, distribute, sub-license, repurpose, rework, compile, or offer for sale or resale the messages, postings or content appearing on this site in whole or in part, throughout the world and universe, on a royalty-free basis without remuneration. If you cannot accept or agree with the terms of service for this website and discussion board, you are advised not to post on this board. In closing, I would like to remind you once again that it is still legal, in this great country of ours, to express a PERSONAL OPINION, as long as it is presented as opinion and not as fact. And finally, all you scammers out there will do well to remember that TRUTH IS AN ABSOLUTE DEFENSE against charges of libel, defamation, and slander... so if you're operating just a hop, skip, and jump ahead of the law, you might want to think twice before doing anything stupid... (AND SHAME ON YOU!!). |