Opt-in Emailing... Will you end up in a can of Spam?

Will Anti-spam Laws Effect Your Business?
Do you know where your opt-in lists really came from?
Are you a responsible email marketer?
Should you buy opt-in email lists?
How do I generate leads? Is it all worth the cost and effort?
You like spam? This is a regular person's guide designed to help you understand SPAM and the laws (or potential new laws) that might affect your online business. If you want legal advice on these issues contact an attorney.

The internet abounds with SPAM, the likes of which no one could have predicted. If you're using email marketing or opt-in lists you may be getting worried about your email marketing efforts. Yet staying in compliance with the law is perhaps easier than it may seem.

This article will help you:
  1. Evaluate your current email opt-in collection process.
  2. Examine and improve your emailing practice.
  3. Follow the law while building your business.
  4. Explore alternative business building ideas.
  5. Not blow that important 'first date' with your potential customer.
Our focus is on US law, but you may learn more about anti-spam laws in other countries here.

Email legislation

Anti-spam legislation is intended to stop spammers, if you are a legitimate permission-based emailer and follow good practices, you will not labled a spammer. If you do the wrong things (purposely or unintentionally) you will eventually find yourself in spammers hell (not a place you want to be :-).

Common practice today for those accused of spamming (even if only one person accuses you) is immediate removal of your web site, email and/or domain from the web. You are generally considered guilty FIRST and must invest countless hours and effort trying to prove your innocence. In many cases it is impossible to clear things up. Why? Your web site hosting company and/or ISP must protect their business, so if they are allowing YOU to spam on their service, then THEY are considered accomplices in the spamming and THEIR business suffers too. So, they shut you down and ask questions later.

Worst yet, the email service you use to send your email as well as any web site LINKED in your email is considered part of the spam. Everything related to the reported 'spam' is in jeopardy of being shut down, black-listed or worse.

Today, there is a array of 37 different state laws already on the books, and pending legislation in most of the remaining states. There are also numerous contenders for federal law. One bill has passed in the senate awaits action in the house. If passed, proposed federal legislation would preempt all of the current state laws (perhaps making all of our lives easier).

As it now stands, state spam statutes vary, and each state has its own definition of unsolicited commercial email. With this in mind, the best way to comply is to examine statutes among the various states and conform to the strictest standards among them. That way, you're covered in every state.

The good news is that all of the existing statutes and pending legislation recognize your right to send email to people with whom you have a pre-existing business relationship, and those who otherwise consent to receive your email communications. The actual wording varies from state to state, but the meaning is much the same.

What constitutes a pre-existing business relationship? The person you email has made a purchase, requested information about your business or products, responded to a questionnaire or a survey, or had contact with you offline.

It is advised to use your company name - the one that your customer will recognize as well as the same email 'FROM' address when you send your emails.

What constitutes consent? The person you 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 opt-in or informed consent.

We recommend the email marketing guidelines found at: "Email Marketing Pledge." Take the pledge and you'll have nothing to worry about.

Two steps to make sure you are following existing laws:

  • Use good permission policy (have a pre-existing business relationship and informed consent)
    • Evaluate your list and determine the sources of your email addresses.
    • Going forward, keep a record of the source of each email address you add to your list.
      • If you purchase opt-in list, insist on getting the opt-in 'source' or 'proof of opt-in' from the opt-in list vendor.
  • Use good mailing practices (be honest/truthful)
    • Use a subject line that accurately reflects the content of your message
    • Use a legitimate header
    • Use a valid from address
    • Include a working unsubscribe/opt-out link and/or instructions (quality list vendors/bulk mailers provide this)
    • Additionally, you will now need to include the following in every email:
      • Your physical address (Yep, that's right)
      • Your working phone number (Hey, that's a good idea anyway)
In doubt about a pre-existing relationship? What do you do?
  1. Contact any questionable emails on your list and ask if they wish to remain on your list.
  2. Remove any email you cannot confirm.
  3. Never assume someone wants on your list (like if they hand you a business card at a meeting)

Commonly asked questions and answers:

Q: What about ADV: labeling? Do I need to use it in my Subject line?
A. No. ADV: labeling is required if you are sending unsolicited commercial email. As a permission-based email marketer, this labeling requirement does not apply.

Q: I have a list of customers who have bought from me in the past, but that I have never emailed to before. Can I email promotions to them?
A: Yes, as long as the list is less than 13 months old. By making a purchase from you, customers have implicitly provided their permission. If the list is older than 13 months we recommend that you do not email these ex-customers.

Q: I bought a list from an opt-in list vendor several months ago. Is it okay to email to this list now?
A: Before you send anything, be careful of the quality of the list. How old is the list? Are you sure the names collected were really permission-based? How long has it been since an email was sent to this list? What is the target of the list? Has the list been maintained or cleansed of unsubscribes at any time?

If you are still promoting similar products or services you may contact them and ask for an update on their 'permission' - thus refreshing your list - it is acceptable to send an announcement explaining that you are 'cleaning-up' your list. Then, only email those who agree to opt-in again during your clean-up.

Q: I have partnered with someone else that has an existing list. Can I email to their list about my product/service?
A: Unless your partner specifically obtained permission to send partner promotions, you may not email this list. It is more appropriate for your partner with to include your promotion in their next email campaign. This way, you still gain exposure - with an implied endorsement - and those who are interested in your business can sign up directly to your list.

Q: I bought a CD with millions of email addresses or bought a downloadable list. Can I use the list?
A: No. It is very common for "opt-in" CD lists to be marketed over the Internet, touting millions of email addresses for a relatively a small fee. Anyone selling a such lists is most likely selling a list of addresses harvested from the Internet without permission. Offers like these commonly arrive as spam in your very own inbox (funny how that works, maybe YOUR email is sold on their list too).
The law classifies these email addresses as having been collected by surreptitious means. This practice is now, thankfully, illegal in most states.

Learn more about pending U.S. federal legislation, anti-spam laws in your state, or anti-spam laws in any other country by visiting: http://www.spamlaws.com

How can I build my own email list?

The quick answer is: YES. But in the end, you are always better off building your own list. Many do this by offering something of value to their site visitors, like an informative report, a free sample, an eBook or weekly tips.

One example is the eBook prospecting program built around the book, "Do You Have a Plan B?" by Kim Klaver. Would you be more likely to leave your Name and email address at a site in exchange for this eBook? Nuff said.

Once you have something to offer site visitors, you can add your offer to other sites. For example, an 'First date Prospect Site' (available from ANM) has a completely different focus than a 'Plan B Prospect Site', yet the Plan B eBook can be offered off both sites. (see example page from demo: 'Alternative Prospect Site')

Another example is to create a tip sheet or newsletter you can send to your site visitors on a weekly or monthly basis. You know, like those little 'subscription boxes' you see at many top sites. Take a look at HelpHelp911.com. See the subscription box on the left? Kinda makes you want to join. Otherwise, you're missing out on something, right?

These type of 'list building' strategies always ask the new subscriber to 'confirm' their subscription by clicking a link in an email sent immediately after signing-up. This confirms the email address is correct and double-confirms the recipient really wanted to join. Members on lists like this are of the highest quality, something you just can't buy from an opt-in list vendor.

However, the challenge is getting people to your site in the first place. It doesn't take long to realize that if no one visits your site, no one subscribes to your list :-)

How can I create traffic and generate leads

While the focus of this article is not on 'traffic creation' or 'reach-out' methods, there are a few recommendations that can get some traffic coming your way:
  • Learn multiple ways. Never count on one method of reaching out to potential visitors or customers. You need many reach-out methods and a combination of online and offline strategies is preferred. Learn more about these methods at WhoWho911.com


  • How to buy opt-in lists. If you are interested in purchasing opt-in leads, visit many sites first and ask lots of questions (based on the information you've learned from this article). Ask others for their recommendations, but still, do your own questioning of the leads vendor to determine how they get their leads, what guarantees they make, and what help they provide should one of the emails they sell you report you as a spammer. Do they send the emails for you (that's best)? Or do you send them out on your own (check with your email or autoresponder provider for their emailing policy). Finally, keep in mind that quality leads are typically not bought on the cheap.


  • Become a search engine expert. Pay-per-click search engines have become the source of choice for targeted site traffic. However, you cannot wake up tomorrow and be knowledgeable enough to succeed in this type campaign without a little effort. For those who aren't frightened off by the thought of a little 'effort', you can sharpen your pay-per-click skills by becoming a SEEK member.


The bottom line is, if you are not promoting, advertising or talking about your 'site' ALL THE TIME, you cannot build traffic. Without traffic you cannot build a quality online customer list. Without online customers you have no online business.

"I have always believed that writing advertisements
is the second most profitable form of writing. The
first, of course, is ransom notes..."
- Philip Dusenberry


Funny? Yes! But the point is clear... If you are not advertising your business and your website, writing ransom notes may be your only viable option.

The methods available to promote your business are many, just keep the suggestions discussed here in mind and above all, do not spam.

Dan Hollings