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e-mail marketing; What is considered spam ?

by audionow
16 replies
Hi,

I am new to e-mail marketing, and thought someone here might be able to clarify for me as to what is considered spam.

I went to the Spamhause website, and read about it there, and well, I'm still confused.

I have had an Ebay account for quite some time now, and have decided to have my own web site selling, exactly the same items as I do on Ebay. Since I have a list of about 400 customers from Ebay, I would like to let them know about the new web site and provide a link to it in the e-mail. Nothing more, nothing less.

I read about the part on Spamhause "it's not about content it's about consent", but still cannot understand how you are to get anyone to "opt in", if they have never seen or heard of the web site in the first place ?
As I have few visitors to the site at present, having a subscribe button there would be pointless.
So my question is two fold :-

If the recepient of the e-mail has purchased from me before (albeit fomr Ebay), and therefore has had e-mail contact from me before, can this be considered an opt-in to send them my invite e-mail ?

If the answer is no, then my next question is :-

As long as you are not actually selling anything in that e-mail, i.e. you are simply informing them or the existance of the web site, is this still spam ?

I do not intend the send these invite e-mails more than once, per e-mail address.

Your clarity on this would both helpful and appreciated.

Sincerely
#considered #email #marketing #spam
  • Profile picture of the author CyberAlien
    What you're missing is that there's a difference between what people consider to be spam and whats legal. Most countries have their own spam laws that give you specific requirements on what guidelines you have to follow. Telling us the country you love in may help.

    For example, the CAN-SPAM Act does not make spam illegal nor do people have to optin to your list. However, it does have specific guidelines on what you have to do when sending spam.
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    • Profile picture of the author sanhal
      I am not an expert on the law but I don't think that would be considered to be spam.

      When you send out your email you should provide a way for them to unsubscribe from receiving further emails from you. This usually appears at the end of the message. You could just ask them to reply to the email with unsubscribe in the subject line and you can then just delete them from your list.

      Sandy
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    • Profile picture of the author audionow
      Originally Posted by Chase Watts View Post

      Telling us the country you love in may help.
      Hi,

      I am in the U.k.

      Thanks
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  • Profile picture of the author rcnsmith
    When you purchase from Amazon or any of the other online stores you have a little "Checkbox" that asks if they are interested in receiving e-mails about future products or ANYTHING else.

    #1) As far as the US is concerned, unless someone clicked a checkbox or opted in or provided some form of agreement that you can e-mail them it's spam.

    #2) If you send ANY form of e-mail to someone that did not opt-in then it is considered spam. Unless some agreement was made that they wanted you to e-mail them then it is considered spam and should the person report you for it you will probably end up getting blacklisted.

    Sorry to be the bearer of bad news.
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    • Profile picture of the author radhika
      I would like to let them know about the new web site and provide a link to it in the e-mail. Nothing more, nothing less.
      Including a note in email about their previous purchase with you doesn't hurt anyone. Plus include a 'Unsubscribe' link.

      Make sure delete emails without any response.

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    • Profile picture of the author audionow
      Originally Posted by rcnsmith View Post

      When you purchase from Amazon or any of the other online stores you have a little "Checkbox" that asks if they are interested in receiving e-mails about future products or ANYTHING else.

      #1) As far as the US is concerned, unless someone clicked a checkbox or opted in or provided some form of agreement that you can e-mail them it's spam.

      #2) If you send ANY form of e-mail to someone that did not opt-in then it is considered spam. Unless some agreement was made that they wanted you to e-mail them then it is considered spam and should the person report you for it you will probably end up getting blacklisted.

      Sorry to be the bearer of bad news.
      From what you are saying I would say it is good news, because they would have obviously opted in on Ebay or how else would I be allowed to contact them in the first place when they bought items from me. This would seem to me to be consent, and in any case I am not actually sending them a newsletter as such, i.e. it will be a one-time e-mail and if they do not reply, I will not be sending it again, they would not need to unsubscribe as such, so I think it will be fine.
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    • Profile picture of the author yakim1
      Originally Posted by rcnsmith View Post

      When you purchase from Amazon or any of the other online stores you have a little "Checkbox" that asks if they are interested in receiving e-mails about future products or ANYTHING else.

      #1) As far as the US is concerned, unless someone clicked a checkbox or opted in or provided some form of agreement that you can e-mail them it's spam.

      #2) If you send ANY form of e-mail to someone that did not opt-in then it is considered spam. Unless some agreement was made that they wanted you to e-mail them then it is considered spam and should the person report you for it you will probably end up getting blacklisted.

      Sorry to be the bearer of bad news.
      I have to respectfully disagree with you. The CAN-SPAM Act is occasionally referred to as the "You-Can-Spam" Act because the bill fails to prohibit many types of e-mail spam and overrides some state laws that would otherwise have provided victims with practical means of redress.

      In particular, it does not require e-mailers to get permission before they send marketing messages. It also prevents states from enacting stronger anti-spam protections, and prohibits individuals who receive spam from suing spammers except under laws not specific to e-mail. The Act has been largely unenforced.

      A message cannot be sent through an open relay
      A message cannot be sent to a harvested email address
      A message cannot contain a false header

      Content is exempt if it consists of...

      religious messages;
      political messages;
      content that broadly complies with the marketing mechanisms specified in the law; or
      national security messages.


      Best regards,
      Steve Yakim
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  • Profile picture of the author TimothyTorrents
    I don't think its illegal. However, at the beginning of the email I would state why you are sending the email. For example, "you are receiving this email because you xxxxxx".
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    • Profile picture of the author audionow
      Originally Posted by timbonitus View Post

      I don't think its illegal. However, at the beginning of the email I would state why you are sending the email. For example, "you are receiving this email because you xxxxxx".
      Thanks for the reply. That's exactly what I was thinking of doing. Thanks again.
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  • Profile picture of the author kpmedia
    If you have to ask, it's probably spam.
    Maybe not "legally technically" spam, but still unwanted junk to recipients.
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  • Profile picture of the author Mike J
    Considering spam is when:
    -Posting the same message over and over
    -Pointless comment
    -Sending messages at a very fast rate
    -Advertising (Profit or non-profit)
    -Chain Mail
    -Trolling (In some cases)
    -Rant

    Regards
    Mike
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  • Profile picture of the author AndrewStark
    As you've sold them stuff on ebay why not go old fashioned and spend money on some stamps and send them a leaflet explaining that you now have a website.

    Even better create an opt-in page where repeat customers can get a code for a 20% discount on their first purchase. If you do a bulk print the same leaflets can go in with all packaging to get your customers onto an email marketing list.

    Oh, and I would create this page using a service such as aweber so you can follow-up and sell to this list safely in the knowledge that you'll be canspam compliant.
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  • Profile picture of the author WillR
    Anyone using email should read and familiarize themselves with the Can Spam Act:

    CAN-SPAM Act: A Compliance Guide for Business | BCP Business Center
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  • Profile picture of the author serryjw
    Originally Posted by audionow View Post

    Hi,

    I am new to e-mail marketing, and thought someone here might be able to clarify for me as to what is considered spam.

    I went to the Spamhause website, and read about it there, and well, I'm still confused.

    I have had an Ebay account for quite some time now, and have decided to have my own web site selling, exactly the same items as I do on Ebay. Since I have a list of about 400 customers from Ebay, I would like to let them know about the new web site and provide a link to it in the e-mail. Nothing more, nothing less.

    I read about the part on Spamhause "it's not about content it's about consent", but still cannot understand how you are to get anyone to "opt in", if they have never seen or heard of the web site in the first place ?
    As I have few visitors to the site at present, having a subscribe button there would be pointless.
    So my question is two fold :-

    If the recepient of the e-mail has purchased from me before (albeit fomr Ebay), and therefore has had e-mail contact from me before, can this be considered an opt-in to send them my invite e-mail ?

    If the answer is no, then my next question is :-

    As long as you are not actually selling anything in that e-mail, i.e. you are simply informing them or the existance of the web site, is this still spam ?

    I do not intend the send these invite e-mails more than once, per e-mail address.

    Your clarity on this would both helpful and appreciated.

    Sincerely
    LEGALLY, this is probably spam...BUT I'd give it a try with...
    Subject live " a private message to my ebay customers"
    Make an announcement that you are starting your own website and you what them to be the first to get the good news. In the first line I'd give them a chance to opt-in to future mailings...Respect the ones that don't opt-in and don't mail them.
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  • Profile picture of the author thedanbrown
    Ya if they were customers of yours in the past you should tell them in your email that's why you're emailing them. If you give a reason why and it's valid then i doubt anyone will report it as spam...
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