Home – New › Forums › Marketing mastery › Article: How the spam act could affect your marketing
- This topic is empty.
-
AuthorPosts
-
July 23, 2013 at 1:59 am #984174Up::0
This was an article in My Business today by lawyer Lachlan McKnight that I thought was an important reminder to all of us …
Read the full article here …
http://mybusiness.com.au/experts/how-the-spam-act-could-affect-your-email-marketingWhat does this mean for email marketing?
The Spam Act affects email marketing in a variety of ways. The main requirements for emails under the Spam Act are:- Consent;
- The email must contain a functional unsubscribe function;
- The sender must be accurately identified.
Consent: The recipient of a commercial email must have consented to receiving from the sender emails of the nature of the email sent by the sender. This consent can either be express or inferred from conduct having regard to the business/other relationship of the sender and recipient. If you are sending emails to customers or visitors to your website, you should advise them of this in your website terms and conditions.
Functional unsubscribe function: Every email to which the Spam Act applies must contain a functional and legitimate unsubscribe function, so that it is easy for a recipient to unsubscribe from an email list. An unsubscribe function is a statement to the effect that the recipient may use an address specified in the email to notify the sender that they do not want to receive any further emails from the sender. The unsubscribe function must:- Be worded in a clear and conspicuous way;
- Be reasonably likely to remain valid for at least 30 days;
- Allow the recipient to send an unsubscribe message to the sender or any person who authorised the sender to send the email to the recipient;
- Be able to be accessed at low or no cost to the recipient.
If a recipient sends an unsubscribe message withdrawing their consent to receiving emails from the sender, then the sender must within five business days remove the recipient from their email list (or otherwise take steps to ensure that the recipient receives no further emails form the sender). For example, an unsubscribe message could say: ‘If you no longer want to receive these messages from us, please click the “unsubscribe” button below or reply to this email with the word “unsubscribe” in the subject line.’
Read the full article here …
http://mybusiness.com.au/experts/how-the-spam-act-could-affect-your-email-marketingJuly 26, 2013 at 3:27 am #1146282Up::0Thanks Karen,
Great article and thanks for bringing it to our attention.
I have some thoughts regarding this… and really, it stems from the Law being very, very slow to move with changing media.
Its very good to legislate for “SPAM” – but really, they’re doing this now in 2013? The internet has been around solidly in most Australian homes now for the better part of 15 years.
So while I’m happy that the “SPAMMERS” may get the penance, because technology is moving so quick – the law will be obsolete in no time.
I also argue – that a lot of “SPAM” is coming from off sure… and sending someone a cold email wouldn’t necessarily fall under the category of spamming someone.
So much to say… so little time… but thanks for providing the interesting read
Regards
John
-
AuthorPosts
- You must be logged in to reply to this topic.