Email addresses we owned, did not give us
permission to send promotional services. Can we
email them if we include an opt-out clause?

If my email meet certain criteria,
are they considered spam?

 

The State of Utah (USA) recently passed legislation requiring that all email advertisements meet certain criteria--emails must have the text ADV as the first three letters in the subject field of their email.

You must use a valid email address (not a fake or forged) and must provide a way to opt-out for anyone that do not wish to receive email from that sender--violating stipulated rules will subjected to significant and deterrent fines imposed by the state of Utah

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Can it be considered spam if
I broadcast targeted email messages?

Assuming that I am in the real estate business and send only email messages to targeted potential house buyers, with an opt-out clause at the end of the message? Can it be considered spam? See (below) Opt-Out

Spam is an act of intrusion--it means sending unsolicited email messages. For more info about Spam or Spamming.
See:
Meaning of spam

Opt-Out
Email addresses that we owned, did not give us permission to send newsletters or promotional services via email. Can we email them if we include an
opt-out clause?

If the email address list belongs to your company and represent customers that you already has a relationship. It would be appropriate and prudent to ask for permission to send email promotion from time-to-time.

If the email address list were purchased CD with millions of emails or extracted from the Internet using software--this is where many companies or individuals get themselves into trouble, because--spam is an act of intrusion--it means sending unsolicited email messages.

 
 
 
 


The
opt-in and opt-out approaches.

Opt-in means, to ask your customers to take a specific action and to give permission--this is recommended, because it demonstrates respect for your customers.

Why not try it this way?
Send your customers an email with a $20 special offer discount coupon or an ebook valued at $20 for their next purchase--if they sign-up to receive occasional promotional offers. Together with this incentive, assure them that you won't rent, sell, or hire their email to a third party.

Those that didn't respond or take-up your offers on the first mailings--offer another incentive that don't required money or to purchase something, because people may not respond to offers that required them to spend money.

Opt-out if they don't opt-in after two incentives, it is most likely that they won't respond--send a third message and ask them, if they wish to have their email deleted from your database--so that they won't receive further email offers. It is most likely that many will not take any actions. Do not construe that lack of actions, means you have permission to send more emails. See: Email Rage

From here on, ask each new customer for their email address and permission to send occasional emails. This way you will be accumulating an opt-in list.

To prevent your mails from being filtered and deleted, it is important to avoid using the wrong subject header or text in the message body, ie: $$$, FREE, XXX, HomeBase, etc. for a list of text to avoid.
See:
Email Filtering

Keep in mind that AOL doesn't show the FROM: name that you provide, it only shows readers the FROM address, so make sure you are not sending with a typical spam like looking email address like this example: jonessnews_1234@myemaildomain.com
that is as good as telling the recipient or the spam filters "you can delete this mail".

From: name? It is the name that you have enter into your email client ie: Outlook Express, Name: field--(start-up outlook, >Tools, >Accounts, >Properties and at the "User Information" Name: field--that's the From: name that won't show-up for AOL recipients and the FROM address? E-Mail address: field -- That's what will show-up for AOL recipients.

 

 


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