Email List Building: What's OK?

Today's topic: when is it OK to take email addresses you've collected and add them to your email marketing campaign?

I'm having a dilemma. I'm trying to balance the needs of my clients to ethically market their services  while protecting them from becoming spammers. Everyone hates spammers, so no one wants to look in the mirror and see one looking back at them.

First: How flyte defined spam:
Specifically, the issue at hand is how do we handle emails that they've collected over time? I was always in the camp that said if you didn't get permission to add them to your email mailing list, you can't add them.

• If they bought a product in your store but didn't ask to be added to your email list, don't add them.
• If they contacted you to ask a question about a product or service, but didn't ask to be added to your email mailing list, don't add them.
• If you bought a list from a 3rd party, FOR GOD'S SAKE, DON'T ADD THEM!

And so on...

When clients did come with a list of previous customers, vendors and associates they were often upset that we wouldn't add them to the email mailing list...yet they also hated spam and spammers.

Often I suggested that we send out an "invitation email" to this list. It consisted of the following:

• It was a one-time mailing.
• It extolled the benefits of being a subscriber, (discounts, timely news, advice, etc.) It might even include some highlights from an upcoming newsletter.
• Recipients were reminded that they weren't subscribed to anything and they didn't need to take any action.
• Recipients had to click on a link to subscribe.

I felt this was a good compromise. Yes, we lost some potential subscribers who didn't realize they needed to take action to keep receiving the email newsletters, but those people aren't the best clients anyway. I always try and remind my clients that the goal isn't to have the biggest subscriber base ever (unless you're selling ads) but rather a quality list of people who are likely to buy from you.

Personally, I think there's a big difference between receiving unsolicited email from someone who I've done business with in the past vs. someone I've never heard of who's trolling for any business by sending out millions of emails.

Second: How Constant Contact defines spam:
That was how I lived my life until I started using Constant Contact (CC) recently. As I was reading some of their FAQ's, I noticed some interesting answers.

CC states that you can "only import opt-in email addresses for your use in Constant Contact."

OK, no problem. However, "opt-in email addresses" is linked to the following definition:

An Opt-In email address is one in which the recipient of your emails has some previous relationship with you or your business. This may be done by acquiring their email address through a sign-up form in a store or web site, through previous purchases, business acquaintances, or other personal relationships. Importing names that go against these rules and our Anti-Spam Policy may result in the immediate termination of your account.

Hmmm...this seems to be a much more generous definition than I've been giving. The following is taken from the CC Anti-Spam Policy page.

What is Spam?
Spam is unsolicited email also known as UCE (Unsolicited Commercial Email). By sending email to only to those who have requested to receive it, you are following accepted permission-based email guidelines.

What constitutes a Preexisting business relationship?
The recipient of your email has made a purchase, requested information, responded to a questionnaire or a survey, or had offline contact with you.

What constitutes consent?
The recipient of your email has been clearly and fully notified of the collection and use of his email address and has consented prior to such collection and use. This is often called informed consent.

So, even though it doesn't say it explicitly, CC seems to be implying that a pre-existing business relationship is enough to add someone to your email mailing list. But wait! The very next definition seems to refute that fact, implying that you need to get consent from someone before you can email them.

Very confusing.

Third: How Topica defines spam:
Besides using Constant Contact, we also use Topica for email marketing. When I asked Topica what they considered to be valid methods of collecting emails they sent me a link to their privacy policy, which then linked to their anti-spam policy.

Technically, "Spam" is defined as Unsolicited Commercial Email (UCE). But beyond the technical definition, there is confusion: What email is wanted? What constitutes permission?

The answer is simple: If you are not 100% sure as a list owner that you are using an email address for the purpose for which permission was given to you, you are probably sending Spam.

They seem to be more in line with what I originally believed, and maybe even harsher. In fact, in re-reading it, it seems more like covering-your-ass verbage than anything else.

Fourth: How AWeber defines spam:
What we need is a list of specific things that we might do that are or are not spamming. AWeber, another email marketing company we sometimes use does have a list of some things that will get you kicked off of AWeber for spamming. However, AWeber is more of an autoresponder company than an email marketing company, and their specifics are more autoresponder-related.

Fifth: Am I a spammer?
I am very strict with how I get names for flyte log, our free email newsletter. People have to subscribe, and many have to confirm their opt-in status. They can subscribe through the signup boxes on our Web site, or request to be added either in person or through an online form.

I often use enticements to increase my subscriber base, such as giving away a free report, like our recent "10 Questions to Ask Before Setting Up a Web Site" when someone subscribes.

On the other hand, I also do occasional email "blasts" with names I've collected from doing business over the years. These are people who have either done business with us, or requested information, completed an online form, etc. I do state in flyte's privacy policy that:

By using our online forms you are providing us with contact information that we may use to communicate with you in the future. We promise to show restraint in our marketing efforts.

And in any email I send I have an unsubscribe method. Never once has someone asked to be removed from the list. I think this is in part because I don't abuse their trust.

So, am I a spammer?

In my opinion:

• There's a difference between an email newsletter and email blasts...just don't ask me why.
• Selling someone something is not the same as implied consent.
• A small quality list beats a large bought list every day of the week.
• Some people will tag your legitimate emails as spam rather than unsubscribe because they are just that lazy!
• You should be supplementing your email newsletters with a blog.

Boy, this was a long post. Anyone still there? If so, what do you think? What do you consider spam? What do you consider a pre-existing business relationship, and is that enough to imply consent? Do different types of email marketing need to adhere to different sets of rules?

Rich Brooks
I'm Not a Spammer...Am I?

Comments

[Tony Familia]

Nice blog, Rich. You have taken on a lot of difficult questions and handled them well. I totally agree with your philosophy about adding customers to email lists. I recently canceled my credit card because they were just too annoying with spam email. I signed up for their credit card, yes, but I didn't sign up to be spammed about all of their other affiliate products and services. Unless your business model is to attract all first time purchasers and you never plan on building a loyal customer base, you should never assume that, just because someone buys a product from you, they want to hear all about your other 1001 products in a weekly email.

I am taking an internet marketing class right now and we are going to be discussing how to set up an effective email marketing campaign this evening. I am interested in learning more about this subject. Again, well done on your blog!

[Mike Strom]

I would like to know how to send an invitation link from constant contact to people I have recently met, so they may sign up for my various newsletters. Any info would be appreciated.

[Mex Leong]

Sure it was long post. Guess what I still here!;)
Got a question for you, Check out my site, what is the problem? I don't get many sign-ups as I want, bad graphic does count?

[Rich Brooks]

Mex,

There are grammar errors on your home page in both your copy and the testimonial. That could be part of it, as well as that $127/day doesn't seem like an insane amount of money.

Are you getting a lot of traffic to your site in the first place?

[Ranjitha]

Hi!
Mex,
Let it be some grammer errors in your page,but There is an useful information about list-building. Thanks for the information on building a list.This is going to be a great place to test out new ideas & it certainly makes a good point.

[Sky]

Hi Mex,

I totally agree with Ranjitha it might have some grammatical mistakes but I think we should really see how useful it might be to us.

I have one more information that is booming nowadays on all blogs it is an invitation to add a minimum of 5K new members to my list and earn up to 50% affiliate commission automatically. I am already a member if you are also interested then here is the invitation for you all.

[Opt-In List Building]

Hey Mex,

Thanks for the info I will keep it in mind when building my list. I hate how when you are building you email list and you get accused for spamming even no that the person double opted-In. I think that spam is when you get those emails "Congratulation you have just won a million dollars" and every buddy gets these types of emails and the people that send them are spammers. When some one calls me a spammer just because they forgot that they were on my list. Should they lump me into the same category as that guy? Some times I just think it has gone to far where do you draw the line???

[Idetrorce]

very interesting, but I don't agree with you
Idetrorce