John
Glube
Are
You A Commercial Emailer?
by John Glube, © 2004, all rights reserved of The Rules? What
Rules? Journal
A what? A commercial emailer. What's that? It is FTC speak for
someone who "initiates" or "sends" unsolicited commercial email
or spam.
(I am using the terms "initiate" and "send" as defined in the
CAN-SPAM Act.)
So? Well, some in the marketing community have suggested under
the CAN-SPAM Act, "legitimate commercial email" means
unsolicited commercial email sent in compliance with the
CAN-SPAM Act, or in short, unsolicited non-fraudulent commercial
email.
Sure, we knew that. What is the point? Well the Commission
recently issued guidelines for businesses who are commercial
emailers.
(The guidelines were published on April 15, 2004, 5 days before
the expiry of the comment period on the advance rule making
process.)
In the guidelines, the Commission speaks of commercial emailers
as those who initiate or send unsolicited commercial email or
spam.
Wow. Hold it.
Have not some folks been saying that unsolicited non-fraudulent
commercial email is not spam? Yep.
Well, it seems the Commission ain't buying into this distinction
and has decided to label all unsolicited commercial email as
spam and all those who "initiate" or "send" commercial email as
spammers. This includes advertisers.
Should we be surprised? Not really.
The position unsolicited non-fraudulent commercial email was not
spam was a distinction without a difference in the eyes of the
Commission which had previously defined spam as unsolicited
commercial email usually sent in bulk.
Does this mean what I think it means? Yep. Interesting how with
one stroke of the pen, the Commission for all practical purposes
changed the United States from an opt-out regime to an opt-in
regime.
The implications? For those who market via email, and have been
sending out unsolicited non-fraudulent commercial email, it may
be time to run not walk to the "affirmative consent" side of the
fence, or forever be tarred and feathered.
For ISP's it is time to stand up and be counted, or forever hold
your peace.
Could it be this is why some of the big advertisers stopped
sending out email in March, awaiting the issuance of these
guidelines? And why the President of a leading marketing
association recently suggested "cool it" at their last big
meeting?
I can't answer these questions. But, it might be interesting if
some in the online media were to put these questions to the
powers that be.
And for those of you who have "affirmative consent" to send
out your newsletter, does this mean the exemption everyone
wanted is coming down the pike? Don't know. Only the Commission
can answer and we will all just have to wait for the draft rules
and the next go around.
Well there you have it. My comment for today.
John Glube, Publisher and Editor of the Rules? What Rules?
Journal. Not yet subscribed? To get the details, plus your copy
of the PDF Booklet "Rules? What Rules?" a plain spoken review of
the FTC's truth in advertising rules as your reward Use This (http://www.learnsteps4profit.com/rulesintro.html).
-----------------------------------
According to BussiToolz.com
Formatted: 65 cpl
Line count: 83
Word count: 583
You have a royalty free license to republish this article in its entirety in any medium, providing you don't use Unsolicited Bulk Email (UBE).
For republication purposes, please substitute Use This (http://www.learnsteps4profit.com/rulesintro.html) with:
Visit http://www.learnsteps4profit.com/rulesintro.html
And then format the line appropriately.
Thanks,
John Glube
Toronto, Canada
by John Glube, © 2004, all rights reserved of The Rules? What
Rules? Journal
A what? A commercial emailer. What's that? It is FTC speak for
someone who "initiates" or "sends" unsolicited commercial email
or spam.
(I am using the terms "initiate" and "send" as defined in the
CAN-SPAM Act.)
So? Well, some in the marketing community have suggested under
the CAN-SPAM Act, "legitimate commercial email" means
unsolicited commercial email sent in compliance with the
CAN-SPAM Act, or in short, unsolicited non-fraudulent commercial
email.
Sure, we knew that. What is the point? Well the Commission
recently issued guidelines for businesses who are commercial
emailers.
(The guidelines were published on April 15, 2004, 5 days before
the expiry of the comment period on the advance rule making
process.)
In the guidelines, the Commission speaks of commercial emailers
as those who initiate or send unsolicited commercial email or
spam.
Wow. Hold it.
Have not some folks been saying that unsolicited non-fraudulent
commercial email is not spam? Yep.
Well, it seems the Commission ain't buying into this distinction
and has decided to label all unsolicited commercial email as
spam and all those who "initiate" or "send" commercial email as
spammers. This includes advertisers.
Should we be surprised? Not really.
The position unsolicited non-fraudulent commercial email was not
spam was a distinction without a difference in the eyes of the
Commission which had previously defined spam as unsolicited
commercial email usually sent in bulk.
Does this mean what I think it means? Yep. Interesting how with
one stroke of the pen, the Commission for all practical purposes
changed the United States from an opt-out regime to an opt-in
regime.
The implications? For those who market via email, and have been
sending out unsolicited non-fraudulent commercial email, it may
be time to run not walk to the "affirmative consent" side of the
fence, or forever be tarred and feathered.
For ISP's it is time to stand up and be counted, or forever hold
your peace.
Could it be this is why some of the big advertisers stopped
sending out email in March, awaiting the issuance of these
guidelines? And why the President of a leading marketing
association recently suggested "cool it" at their last big
meeting?
I can't answer these questions. But, it might be interesting if
some in the online media were to put these questions to the
powers that be.
And for those of you who have "affirmative consent" to send
out your newsletter, does this mean the exemption everyone
wanted is coming down the pike? Don't know. Only the Commission
can answer and we will all just have to wait for the draft rules
and the next go around.
Well there you have it. My comment for today.
John Glube, Publisher and Editor of the Rules? What Rules?
Journal. Not yet subscribed? To get the details, plus your copy
of the PDF Booklet "Rules? What Rules?" a plain spoken review of
the FTC's truth in advertising rules as your reward Use This (http://www.learnsteps4profit.com/rulesintro.html).
-----------------------------------
According to BussiToolz.com
Formatted: 65 cpl
Line count: 83
Word count: 583
You have a royalty free license to republish this article in its entirety in any medium, providing you don't use Unsolicited Bulk Email (UBE).
For republication purposes, please substitute Use This (http://www.learnsteps4profit.com/rulesintro.html) with:
Visit http://www.learnsteps4profit.com/rulesintro.html
And then format the line appropriately.
Thanks,
John Glube
Toronto, Canada