Are You A Commercial Emailer?

[John Glube]

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.

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 the 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 who have "affirmative consent" to send out their 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.

Kind regards,

John Glube
Toronto, Canada

(Edited to correct typos after the first post.)

[xmx]

Interesting post.

Thanks for sharing it.

A big problem is in my opinion the following one.

I find many advertising sites promoting services that
provide email marketing for your services-products to
double optin email addresses.
Can I trust their claims? I am always doubful and the
new law makes me doubt even more about them, but I am
also interested in finding new customers and the best
advertising methods.