www.CustomerParadigm.com

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Can Spam Actof 2003

Update•Relevant•Personalized•Anticipated

www.CustomerParadigm.com

3Copyright © 2004 Customer Paradigm , All Rights Reserved. Permission Based Email Marketing

BackgroundR

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Why the Act?

•Success of Do Not Call List

•Pending CA Legislation

•Congress could take credit for reducing spam

Attention is an asset

Attention

is an

Asset

5Copyright © 2004 Customer Paradigm , All Rights Reserved. Permission Based Email Marketing

Distraction MarketingR

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6Copyright © 2004 Customer Paradigm , All Rights Reserved. Permission Based Email Marketing

Penalties / FinesR

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FTC:•5 years jail for repeat offenders who also commit a felony

•3 years for first time offenders

7Copyright © 2004 Customer Paradigm , All Rights Reserved. Permission Based Email Marketing

Can Spam PenaltiesR

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State Attorney’s General:•$250 / message, up to $2 million

ISPs:•Actual loss (or)

• $25 - $100 per email

8Copyright © 2004 Customer Paradigm , All Rights Reserved. Permission Based Email Marketing

Types of MessagesR

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Relationship / Transactional:

•Complete Purchase•Warranty / Upgrade / Recall•Safety / Security of product•Change in Service•Account Balance

9Copyright © 2004 Customer Paradigm , All Rights Reserved. Permission Based Email Marketing

If Relationship / Transactional…R

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Then don’t use:

•False headers

•Misleading Subject lines

•False FROM email adddress

•Incorrect domain reg. info

10Copyright © 2004 Customer Paradigm , All Rights Reserved. Permission Based Email Marketing

Types of MessagesR

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d Commercial Messages:

“Primary Purpose to promote a product, service or website run for commercial purpose”

“Primary Purpose” clause

11Copyright © 2004 Customer Paradigm , All Rights Reserved. Permission Based Email Marketing

If a Commercial Message…R

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d MUST have valid Opt-Out:

•Reply-to Unsubscribe

•Link to Unsubscribe Page

•Valid Postal Address

•Must process within 10 days

12Copyright © 2004 Customer Paradigm , All Rights Reserved. Permission Based Email Marketing

If a Commercial Message…R

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d MUST have functioning return email address:

•Must work for 30 days

•Storage Requirements

13Copyright © 2004 Customer Paradigm , All Rights Reserved. Permission Based Email Marketing

If a Commercial Message…R

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d MUST not use open relay or outbound mail server w/o permission.

(And you must not have a website / server with an open mail relay)

14Copyright © 2004 Customer Paradigm , All Rights Reserved. Permission Based Email Marketing

If a Commercial Message…R

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d MUST not use lists that were…

•Harvested

•Randomly Generated

•Dictionary Attack

•You bought on a CD for $50

15Copyright © 2004 Customer Paradigm , All Rights Reserved. Permission Based Email Marketing

If you’re renting your list…R

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d MUST not sell your list if privacy policy says you won’t.

Strong FTC enforcement for violations

Don’t paint yourself into a privacy corner

16Copyright © 2004 Customer Paradigm , All Rights Reserved. Permission Based Email Marketing

If you’re renting someone else’s list…

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d •Provide them with your suppression list of opt-outs from Jan. 1, 2004 forward

•Can’t knowingly promote your product / service / site using non-Can Spam Act compliant means

17Copyright © 2004 Customer Paradigm , All Rights Reserved. Permission Based Email Marketing

Open IssuesR

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d •PO Box vs. Postal Address

•ADV if not ‘affirmative consent’

•“Do Not Email Registry”

•Reward System – 20% of fine

•Wireless Rules

                                                                                     

Jeff Finkelstein: 303.473.4400 x 11jeff@customerparadigm.com

• Website Development / Programming• Permission-based Email Marketing• Privacy Consulting

Mark Wood: 303.473.4400 x 22mark@customerparadigm.com

Questions?