I recently unsubscribed from Omaha Steaks email because I was subscribed with more than one email address and no longer wanted to receive duplicate messages. After unsubscribing via email, I was sent a real-time “We removed your email address” confirmation message. I had never received an email like this before (I am told other businesses also practice this), but it soon got me thinking — is it CAN-SPAM compliant? How will affect the user experience?  What about complaint rates?

I checked with the Experian CheetahMail compliance team to see if this type of email sent after an unsubscribe was CAN-SPAM compliant. I learned that unsubscribe confirmation messages like these are, in fact, compliant because “the CAN-SPAM Act explicitly exempts this type of email in their definition of ‘transactional or relationship messaging.’ The law provides an exemption for ‘notifications of a change in the recipient’s standing or status with respect to a subscription.’”

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There really is a baby in that bath water.

I’ve never used that idiom before, but in this case, I feel compelled to use it in response to an article in BtoB Magazine that actually promotes the use of unsolicited commercial email (UCE). In the article, Gary Halliwell, CEO of NetProspex, says that “there’s nothing prohibiting a marketer from sending an e-mail to someone who hasn’t opted in. The recession has forced us to drop this etiquette.”

Everyone has a different definition of what spam is, yet I think we can all agree that at a baseline it starts with unsolicited commercial email — promotional messages sent to consumers who have not requested them. My feeling is that just because we are burdened by an economic recession right now does not give us license to abandon the principles of responsible, permission-based email marketing. By lowering our standards when the going gets tough, we risk losing our industry’s credibility with consumers altogether.

I’ll keep my underlying point here brief: PLEASE DON’T SEND SPAM! If you’re still new to email or striving for more education, please refer to these best practice guides which include recommendations and guidelines that the vast majority of the email industry follow:

• Direct Marketing Association US
• Direct Marketing Association UK
• Email Sender & Provider Coalition
• Messaging Anti-Abuse Working Group

“Wisdom is knowing what to do next; virtue is doing it.”
~ David Starr Jordan, The Philosophy of Despair

Any reasonably responsible email marketer knows that he or she should, at the bare minimum, follow CAN-SPAM regulations when sending email marketing messages. But, as it turns out, following this and other best practices does pay off in the long run. MarketingSherpa recently published a report called “Email Performance Since 2001,” tracing the relationship between email marketing best practices and email success. In one form or another, MarketingSherpa has asked the basic question about how well email marketing has performed since their first survey in 2001.

This chart highlights performance trends when following Best Practices and when Deviating From Best Practices. The Y Axis shows the efficiency of the email marketing endeavor. The X Axis displays the year.

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“Like almost everyone who uses e-mail, I receive a ton of spam every day. Much of it offers to help me get out of debt or get rich quick. It would be funny if it weren’t so exciting.”
- Bill Gates on spam

Every so often it is prudent to take a refresher on fundamental email marketing topics and best practices. CAN-SPAM, officially known as the Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003, is one of the most important online marketing topics. To follow are some of the basic facts, principals and rules concerning CAN-SPAM legislation. But like most legislation, this is not a simple bill. I recommend reading the entire act to learn more details.

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The Federal Trade Commission scored a major victory yesterday in shutting down HerbalKing, one of the most prolific spam groups on the Internet.

This is obviously a big boost for legitimate email marketers around the world. No one likes receiving spam, yet it constitutes an estimated 90% of all sent email. Many spam operations have been prosecuted by the FTC in the past, but HerbalKing is “perhaps the most extensive they had ever encountered, with ties to Australia, New Zealand, India, China and the United States.”

To give you an idea of just how big HerbalKing’s operation was, consider this: they could send 10 billion e-mail messages a day. That means that HerbalKing sent more messages in a few days than legitimate, permission-based email marketers sent during all of last year.