Why do GURUs (and everyone else) break the SPAM laws?? Here are the misconceptions....

I am sick of all the misinformation about SPAM out there!! And today was yet another day that proved this!! I got an email from a "certain" IM marketer that had the subject line:

"[PayPal] Your Account Has Been Terminated"

Then the email goes on to say how his account had been limited and to buy some garbage product that will rake in billions.

Well, ANYONE that actually knows what SPAM is KNOWS that this is ILLEGAL!!!

Rule #2 from CAN-SPAM: Don't use deceptive subject lines. The subject line must accurately reflect the content of the message.

So, what's the BIG deal?? The fine for this is $16,000!!

There are so many misconceptions about SPAM email that I have decided to list a few out here and show what the law says. This is SUCH a simple law but so few people actually read it so I will provide a few thoughts here.

• Misconception #1. If the OPT in to you list you can send whatever garbage you want and do it however you want.

Nope...you still have to follow the laws! For example you still have to have legit headers, accurate subjects lines, mailing address, you have to disclose that it is an ad, and you have to have a method to unsubscribe.

• Misconception #2. Sending unsolicited email is illegal and therefore SPAM.

WRONG!!! Just like you can send unsolicited "snail mail" you can also send unsolicited email. There is NO law that says that it needs to be double opt-in or even single opt-in!! Now many people will try to get you to think that this is illegal, but it clearly isn't...granted it may be against many providers TOS and they can & will ban you, but it is not illegal.

However, the thing that IS illegal is mechanically harvesting emails in order to bulk email. That is not only illegal, but stupid! There are honeypots and spamtraps all over and if you do this you are going to get caught faster than green grass through a goose!

• Misconception #3. It's OK to fake opt-out.

I bought a particular course that taught emailing and they basically said to create an html page that you email linked to that says that you have been successfully opted out. In fact I have gotten several emails that use this same technique. The LAW clearly states that you must provide a clear opt-out mechanism and that the request must be honored within 10 days.

• Misconception #4. It is OK to fake headers in your email to inbox better.

Nope...sorry. All header information but be accurate and intact.

So breaking any of these laws can incur up to $16,000 per violation!

All this being said, the CAN-SPAM law is SUPER easy to follow and most people steer clear of email marketing as a result.

So, here are the main laws governing email:

1. Don't use false or misleading header information. Your "From," "To," "Reply-To," and routing information - including the originating domain name and email address - must be accurate and identify the person or business who initiated the message.
2. Don't use deceptive subject lines. The subject line must accurately reflect the content of the message.
3. Identify the message as an ad. The law gives you a lot of leeway in how to do this, but you must disclose clearly and conspicuously that your message is an advertisement.
4. Tell recipients where you're located. Your message must include your valid physical postal address. This can be your current street address, a post office box you've registered with the U.S. Postal Service, or a private mailbox you've registered with a commercial mail receiving agency established under Postal Service regulations.
5. Tell recipients how to opt out of receiving future email from you. Your message must include a clear and conspicuous explanation of how the recipient can opt out of getting email from you in the future. Craft the notice in a way that's easy for an ordinary person to recognize, read, and understand. Creative use of type size, color, and location can improve clarity. Give a return email address or another easy Internet-based way to allow people to communicate their choice to you. You may create a menu to allow a recipient to opt out of certain types of messages, but you must include the option to stop all commercial messages from you. Make sure your spam filter doesn't block these opt-out requests.
6. Honor opt-out requests promptly. Any opt-out mechanism you offer must be able to process opt-out requests for at least 30 days after you send your message. You must honor a recipient's opt-out request within 10 business days. You can't charge a fee, require the recipient to give you any personally identifying information beyond an email address, or make the recipient take any step other than sending a reply email or visiting a single page on an Internet website as a condition for honoring an opt-out request. Once people have told you they don't want to receive more messages from you, you can't sell or transfer their email addresses, even in the form of a mailing list. The only exception is that you may transfer the addresses to a company you've hired to help you comply with the CAN-SPAM Act.
7. Monitor what others are doing on your behalf. The law makes clear that even if you hire another company to handle your email marketing, you can't contract away your legal responsibility to comply with the law. Both the company whose product is promoted in the message and the company that actually sends the message may be held legally responsible.

For the rest of the info check out the GOV's site.

So...I hope this helps you follow the law if you send out email (whether opt-in or not).