In the offline world, direct marketing through sending of unsolicited bulk mail is an acceptable practice.
The direct marketer acquires a targeted list, puts together her offer and carries out the mailing.
So, why is the same practice not acceptable in the online world?
There is one fundamental difference.
In the offline world, the direct marketer bears primarily all of the expenses in conducting the marketing campaign.
The method of transmitting the bulk message, the mail can be used by anyone to send. The sender bears all the expense of paying for the transmission system through the purchase of postal stamps.
In the online world, the recipient bears a significant portion of the expenses in receiving email.
The networks which transmit the email are privately operated, working together co-operatively to allow for the movement of the email from the sender to the recipient.
The networks, particularly the larger ones such as AOL, bear significant cost in handling and sorting large volumes of email on a daily basis.
In sending unsolicited bulk email, (aka spam) the marketer is taking advantage of this situation.
This is to the detriment of the various networks and the ultimate recipients who have to bear the cost of receiving this unsolicited message.
So, clearly it is not an acceptable practice.
Because the networks are privately owned, the network owners are entitled to establish policies for use of their networks.
Almost all networks forbid the transmission of unsolicited bulk email.
So, the marketer in sending unsolicited bulk email is trespassing on other people's property and in many places this is considered by law to be theft of property and actionable.
Because of continued abuse:
* Real-time black lists have been developed operated by volunteers, allowing network operators to block email coming from known spam sources.
(Although controversial in some quarters, services like Spamhaus are relied upon by almost half the mail providers around the world.)
* Commercial firms have sprung up, providing filtering services to ISPs and private networks.
* Various governments have intervened to regulate the market place.
In the European Union it is against the law to send unsolicited bulk email without prior consent to consumers, subject to a very narrow exception based on the premise of pre-existing business relationship and the recipient having been given the opportunity to opt-out at the time of collection.
In Canada, under our privacy laws, you can't use personal information, which includes an email address, without prior consent.
In Australia it is against the law to send unsolicited bulk email without prior consent, unless you can establish a pre-existing business relationship and violation of the law can result in significant penalties.
In the United States, the
CAN SPAM Act of 2003:
* Allows Internet access services to adopt, implement and enforce a policy of declining to transmit, route, relay, handle, or store certain types of electronic mail messages.
(See paragraph 8 (c) of the Act. All networks of any significance have such a policy.)
* Prohibits certain abusive behavior concerning the sending of commercial electronic mail messages.
* Provides for criminal penalties for violations.
* Mandates certain steps that must be taken when sending commercial electronic mail messages, including prohibiting the use of false headers or deceptive subject lines, the need to give the recipient the ability to opt-out, to include the sender's mailing address and a notice the message is an advertisement or solicitation (if the message is sent without affirmative consent.)
(See
The Requirements for Commercial Emailers for more details.)
* Establishes the criteria for affirmative consent.
* Imposes duties and responsibilities on advertisers as well as emailers.
* Gives regulators strong enforcement powers, along with creating a right of civil action for State's attorney generals and internet access services against violators.
* Allows the regulators to pass rules to implement the Act.
(This is not a complete analysis, but simply an overview. For more details, please read
The Guys and Gals In Blue Have Arrived.)
So, not only is the marketer carrying out an unacceptable practice, the marketer (and the advertiser) is trespassing on another's property, so exposing herself to civil liability, along with significant damages (this civil right is now supported in many places by statutes) and in many cases violating the criminal law.
The upshot? For any reputable marketer and advertiser you will end up polluting your brand, damaging your reputation and depending on the severity of the activity, face significant civil or even criminal liabilities.
The bottom line? Don't do it. The competent marketer can effectively and profitably market via email with prior permission without sending unsolicited bulk email.
For more information:
* On the difference between a mailing list versus a spam list, read
Mailing Lists vs Spam Lists
* For additional guides to best mailing practices read
The FTC Wants To Hear From You and the related resources.
* On how to build a proper mailing list
The Amazing List Machine by Paul Myers and
Co-Reg-List-Building-Secrets System by Ed Thorpe.
* Suggested email service providers
AWeber,
Emailaces,
Bighip. There are others, these are three service providers which will take good care of your mailing lists.
John Glube
Toronto, Canada
Who Pays And How To Survive The Email Transition