The FTC is starting to turn it's sites on firms that you would not consider in the same vein as the run-of-the-mill spammers. None-the-less, it is reinforcing what we have been telling clients since the law past. Make sure you follow all of the elements of CAN-SPAM. You may not be a spammer, most of your clients are expecting to hear from you, but violate some of the simple provisions, and it can cost you. Now it has cost two companies some cash.
In a press release issued today the FTC announced settlements wth Kodak Imaging Network (formerly Ofoto) and Ice.com for what are basic violations of the law. These are mistakes that legitimate marketers should never make. They left off the unsubscribe link, and a valid postal address and/or sent to people who asked to be removed.
This is an easy mistake to make if you are trying to manage an email campaign yourself. Of course, I am biased, but any email service provider worth its salt will have a system that prevents these mistakes from happening. Where we see these errors often is on in-house campaigns. Internal IT departments don't always have the time and resources to build a bullet-proof system (you might find SubscriberMail's white paper Before You Go It Alone interesting if you are doing this without the benefit of an outside provider.
The bottom line for marketers. Pay attention before you hit that send button. Check and recheck that you have the proper CAN-SPAM information in the mailing, and the unsub link works. Otherwise, it may cost you.
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