Don't Send your Customers SPAM!

Typically, if you are sending your customers a monthly newsletter, promotional information, new product information or "useful" information, no one will complain about the communication you are providing.  If you start sending your customers email on a daily basis and fill them with shameless advertising, some of your customers may begin to complain that you are sending SPAM. 

If you transmit any commercial e-mail message the message must:

1)    Provide a clear and conspicuous identification that the message is an advertisement or solicitation. (Most of your emailers are not commercial - they follow the "transactional or relationship message - see below)

2)    Provide a clear and conspicuous notice of the opportunity to decline to receive further commercial e-mail messages from the sender. (Each Emailer that is sent out of MarketPro includes an "Opt-Out" link)

3)     Provide a valid physical postal address of the sender. (Each Emailer that is sent out of MarketPro includes your companies physical address at the bottom)

If the recipient has given prior affirmative consent, the sender does not have to comply with the first condition, that is, you do not have to provide a clear and conspicuous identification that the message is an advertisement or solicitation.

The conditions noted above do not apply, if the e-mail is a transactional or relationship message.  The term "transactional or relationship message'' means an e-mail message the primary purpose of which is:

1)    To facilitate, complete, or confirm a commercial transaction that the recipient has previously agreed to enter into with the sender. (If you are sending Newsletters to your customers, you are sending a "relationship" message, however, if you have purchased a marketing list and are sending your newsletter to non-customers you would be sending a "commercial" message)

2)    To provide warranty information, product recall information, or safety or security information with respect to a commercial product or service used or purchased by the recipient.

3)    To provide notification concerning a change in the terms or features of; notification of a change in the recipient's standing or status with respect to; at regular periodic intervals, account balance information or other type of account statement with respect to, a subscription, membership, account, loan, or comparable ongoing commercial relationship involving the ongoing purchase or use by the recipient of products or services offered by the sender.

4)    To provide information directly related to an employment relationship or related benefit plan in which the recipient is currently involved, participating, enrolled.

5)    To deliver goods or services, including product updates or upgrades, that the recipient is entitled to receive under the terms of a transaction that the recipient has previously agreed to enter into with the sender.

For more information on how to be sure you're NOT sending SPAM, click here.