Complying with the new "Do-Not-Call" and "Can-Spam"
Laws
As we're sure you are aware, there have been
some significant changes recently in the US law that directly affect
the way you contact and follow up with prospects. The major changes
include the "Do-Not-Call" list and the "Can-Spam" law. Below we have
summarized each law for your convenience, and offered tips on how you can
make sure to comply with the law 100%, without letting it affect your
marketing success. Please note, the below is not legal advice, if you
have other questions or concerns about complying with the law, please
consult a qualified attorney.
Do-Not-Call List
The
national Do-Not-Call list was set up in 2003 to help curb the enormous
volume of telemarketing in the USA. Generally, these laws are designed to
be used against high-volume telemarketing companies, not the typical
home-business professional. Nevertheless, there are some basic steps you
can take to ensure that you are complying with the law:
The
Do-Not-Call rules allow a period of three months with which marketers can
follow up with a prospect who has requested to be
contacted. As long as you are buying fresh or real-time leads,
you have a period of ~90 days with which you are allowed to follow up with
a prospect. We maintain full proof-of-contact info for all of our fresh
and real-time leads including time-stamps and IP-address to make sure we
have defensible information for you to use if a lead complains. If you
need this information, it will be supplied to you as proof that the lead
requested to be contacted.
CAN-SPAM
Law
The "CAN-SPAM" law was put
into use on January 1st, 2004 to help curb the tremendous volume of
fraudulent and "SPAM" email. You may view the full text of the law by clicking
here. The harsh penalties and fines associated with the law make
compliance crucial - below we have offered some tips as to how to
comply:
1) It is a violation of the act to (i) use
another person's computer or another persons email address to send
commercial e-mail, (ii) send email with false header information or (iii)
misrepresent your identity when obtaining an email account.
2) All header information (defined as
the source, destination, and routing information attached to an e-mail,
including the originating domain name and originating electronic mail
address, and any other information appearing in the line that identifies
or purports to identify the sender) must be accurate and
complete.
3) Subject headings may not mislead. Subject
headings must accurately describe the subject matter of the
email.
4) The text of the email must describe
how (i.e., by return email or through an internet based mechanism) the
recipient may opt out from all future email correspondence from the
sender. Once a prospect opts-out, you should never send them another
email.
5) The text of the email must provide an
opt-out mechanism (as described above) and must include your physical
post-office address.
In following
the above steps, you can ensure that any emails that you send your
prospects are compliant with the recently passed federal law. Again, this
law is a leap forward for our industry - it allows legitimate marketers a
fair chance to present their opportunity without competing for the
prospect's attention with dozens - or hundreds! - of illegal SPAM
emails! |
