HOW TO SPAM - LEGALLY

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Is spamming legal?

In the United States, spamming is legal - if done correctly! While many believe that it is against the law to send spam or bulk, unsolicited, commercial emails, in fact it's not. That's not to say that many direct marketing companies don't get into legal trouble. it just means that DM and lead generation companies must carefully build legally compliant email spam strategies.

The best way to approach your direct marketing plan is with a legal review. A qualified email lawyer can review your plans and provide guidelines that will reduce your potential exposure. Remember: While spam is legal, it must be done carefully to stay within the law.

Below I provided a few guidelines on how to spam legally.

How to Spam - Guidelines for Legal direct marketing

Don’t use false or misleading header information. That means that you must correctly identify yourself in the “From,” “To,” “Reply- To,” and other routing information. Too many emails use false headers like pretending to send it from someone the recipient might know. That is illegal.
Don’t use deceptive subject lines. That means that your subject line must accurately reflect the content of the message. Too many people send emails like “Some one wants to meet you.” They get a good open rate but it is illegal.
You need to identify your message as an ad. Somewhere in the message, say something to the effect that this is an advertisement. Don’t hide it in small fonts.
Every spam email must include your physical address. Get some sort of Mail Box Etc. or UPS Mailbox address and include that address in all emails.
You must tell people how to unsubscribe. Use a commercial service to process all unsubscribe. Include an unsubscribe link plus maybe also an unsubscribe email address.
You must process all opt-out or unsubscribe requests within 10 business days. Make sure the opt-out process works. It must be valid for at least 30 days after you send the message. Once people unsubscribe, you can’t sell or transfer their email addresses.

Do you have any questions about your email campaign's? Call our email attorney for a free, confidential consultation.

WHEN I CALL, WHO WILL I BE SPEAKING WITH?

When you call or email us, you will be directed to Lior Leser, our Internet lawyer. Mr. Leser enables the development, protection and legal compliance of emerging online technology companies. He helps online, software and other technology companies protect their assets and reach legal compliance across the 50 states and abroad.

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Lior Leser, Internet Lawyer, represents clients in online legal compliance issues such as email compliance, online marketing & advertising compliance, software development laws, mobile compliance laws, intellectual property laws, electronic transaction laws, online contest & sweepstakes laws, and online corporate laws. Lior Leser, Internet Lawyer is licensed to practice law in Florida and California.

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