Today’s topic: when is it OK to take email addresses you’ve collected and add them to your email marketing campaign?

I’m having a dilemma. I’m trying to balance the needs of my clients to ethically market their services  while protecting them from becoming spammers. Everyone hates spammers, so no one wants to look in the mirror and see one looking back at them.

First: How flyte defined spam:
Specifically, the issue at hand is how do we handle emails that they’ve collected over time? I was always in the camp that said if you didn’t get permission to add them to your email mailing list, you can’t add them.

• If they bought a product in your store but didn’t ask to be added to your email list, don’t add them.
• If they contacted you to ask a question about a product or service, but didn’t ask to be added to your email mailing list, don’t add them.
• If you bought a list from a 3rd party, FOR GOD’S SAKE, DON’T ADD THEM!

And so on…

When clients did come with a list of previous customers, vendors and associates they were often upset that we wouldn’t add them to the email mailing list…yet they also hated spam and spammers.

Often I suggested that we send out an "invitation email" to this list. It consisted of the following:

• It was a one-time mailing.
• It extolled the benefits of being a subscriber, (discounts, timely
  news, advice, etc.) It might even include some highlights from an
  upcoming newsletter.
• Recipients were reminded that they weren’t subscribed to anything and they didn’t need to take any action.
• Recipients had to click on a link to subscribe.

I felt this was a good compromise. Yes, we lost some potential
subscribers who didn’t realize they needed to take action to keep
receiving the email newsletters, but those people aren’t the best
clients anyway. I always try and remind my clients that the goal isn’t
to have the biggest subscriber base ever (unless you’re selling ads)
but rather a quality list of people who are likely to buy from you.

Personally, I think there’s a big difference between receiving
unsolicited email from someone who I’ve done business with in the past
vs. someone I’ve never heard of who’s trolling for any business by
sending out millions of emails.

Second: How Constant Contact defines spam:
That was how I lived my life until I started using Constant Contact (CC) recently. As I was reading some of their FAQ’s, I noticed some interesting answers.

CC states that you can "only import opt-in email addresses for your use in Constant Contact."

OK, no problem. However, "opt-in email addresses" is linked to the following definition:

An
Opt-In email address is one in which the recipient of your emails has
some previous relationship with you or your business. This may be done
by acquiring their email address through a sign-up form in a store or
web site, through previous purchases, business acquaintances, or other
personal relationships. Importing names that go against these rules and
our Anti-Spam Policy may result in the immediate termination of your account.

Hmmm…this seems to be a much more generous definition than I’ve been giving. The following is taken from the CC Anti-Spam Policy page.

What is Spam?
Spam
is unsolicited email also known as UCE (Unsolicited Commercial Email).
By sending email to only to those who have requested to receive it, you
are following accepted permission-based email guidelines.

What constitutes a Preexisting business relationship?
The
recipient of your email has made a purchase, requested information,
responded to a questionnaire or a survey, or had offline contact with
you.

What constitutes consent?
The recipient of your
email has been clearly and fully notified of the collection and use of
his email address and has consented prior to such collection and use.
This is often called informed consent.

So, even
though it doesn’t say it explicitly, CC seems to be implying that a
pre-existing business relationship is enough to add someone to your
email mailing list. But wait! The very next definition seems to refute that fact, implying that you need to get consent from someone
before you can email them.

Very confusing.

Third: How Topica defines spam:
Besides using Constant Contact, we also use Topica
for email marketing. When I asked Topica what they considered to be
valid methods of collecting emails they sent me a link to their privacy policy, which then linked to their anti-spam policy.

Technically,
"Spam" is defined as Unsolicited Commercial Email (UCE). But beyond the
technical definition, there is confusion: What email is wanted? What
constitutes permission?

The answer is simple: If you are not 100% sure as a list owner that
you are using an email address for the purpose for which permission was
given to you, you are probably sending Spam.

They
seem to be more in line with what I originally believed, and maybe even
harsher. In fact, in re-reading it, it seems more like
covering-your-ass verbage than anything else.

Fourth: How AWeber defines spam:
What we need is a list of specific things that we might do that are or are not spamming. AWeber, another email marketing company we sometimes use does have a list of some things that will get you kicked off of AWeber for spamming.
However, AWeber is more of an autoresponder company than an email
marketing company, and their specifics are more autoresponder-related.

Fifth: Am I a spammer?
I am very strict with how I get names for flyte log,
our free email newsletter. People have to subscribe, and many have to
confirm their opt-in status. They can subscribe through the signup
boxes on our Web site, or request to be added either in person or
through an online form.

I often use enticements to increase my subscriber base, such as giving away a free report, like our recent "10 Questions to Ask Before Setting Up a Web Site" when someone subscribes.

On the other hand, I also do occasional email "blasts" with names
I’ve collected from doing business over the years. These are people who
have either done business with us, or requested information, completed
an online form, etc. I do state in flyte’s privacy policy that:

By
using our online forms you are providing us with contact information
that we may use to communicate with you in the future. We promise to
show restraint in our marketing efforts.

And in any
email I send I have an unsubscribe method. Never once has someone asked
to be removed from the list. I think this is in part because I don’t
abuse their trust.

So, am I a spammer?

In my opinion:

• There’s a difference between an email newsletter and email blasts…just don’t ask me why.
• Selling someone something is not the same as implied consent.
• A small quality list beats a large bought list every day of the week.
• Some people will tag your legitimate emails as spam rather than unsubscribe because they are just that lazy!
• You should be supplementing your email newsletters with a blog.

Boy,
this was a long post. Anyone still there? If so, what do you think?
What do you consider spam? What do you consider a pre-existing business
relationship, and is that enough to imply consent? Do different types
of email marketing need to adhere to different sets of rules?

Rich Brooks
I’m Not a Spammer…Am I?