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How Emercury Ensures Your List Compliance

At Emercury, we take the issue of spamming seriously. First and foremost, spam rarely ever works so it is in the best interests of our clients if they stay away from spamming. Next, there’s the CAN SPAM law and the other spamming laws in different countries that make it important for us to ensure compliance.

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Though not the only way, one of the best ways to ensure that an email marketer or newsletter owner is complying with anti-spamming laws is to ensure that the lists they use are of high quality and compliant with best practices. To help you assess if yours is compliant, you can check out the following items and see if they pass every single one:

Users Opted In Via Your Own Website

This is an important distinction. It’s not enough that they have opted in – they have to opt in using one of your websites or your portals. You can’t use lists that you bought from a third party seller even if the users opted in via the third party seller’s own website. The only exception to this is if you had a third party company create an opt-in page that is customized for you, so that people opting-in know who’s going to receive their contact info. In a way, this is essentially the same as people opting in through your website.

Users Opted In to You Offline

If they gave their permission to you outside of the Internet, the list is fine because they know why they are receiving the mails and from whom. If they opted in to someone else or to a fake/different name you are using at the time, do not add them to your list.

You Have Prior Business Relationship With the People on Your List

If you have an e-commerce site, you can use it to give buying customers the option of signing up for your list (usually through an incentive like discounts, free offers, and news on new offerings, etc.) but you have to make sure that the list is timely. Permission on these things usually go stale after a few months, so make sure your list is free of customers who hadn’t ordered for a long while. If you want to retarget these customers, send them a reminder or a personal thank you note and then give them a chance to opt-in again.

You Were Upfront About Sending Newsletters To People Who Give You Their Contact Info

This is an important one because this is where a lot of marketers stumble. They figured that setting up a fish bowl in their store, asking people to drop in their business cards in exchange for a free sandwich or a free promo coupon is tantamount to getting permission. That is clearly not the case – the people just dropped their cards because they wanted the free stuff, they aren’t expecting any newsletters so when your mail appears in their inbox, they flag it as spam. This can easily be solved by being upfront about the purpose of the fishbowl. There is a big difference between “Drop your business card here to receive a free sandwich” and “sign up for our newsletter by dropping your business card here and receive a free sandwich.”

Most Importantly, Use Double Opt-In

If you don’t know what double opt-in is yet, then there’s your big problem. A double opt-in requires you to send another email to people who opt-in to your list, asking them to confirm their sign up. You only start sending your newsletters to them when they confirm on the second step. This effectively saves you a lot of trouble in ensuring that your list is compliant with Emercury’s policies.

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