Discover How To Comply With Email Regulations & Keep Yourself Trouble FREE…

Some marketers think they can manage their lists however they want, as long as their subscribers willingly signed up (and aren’t being spammed). However…

Many places worldwide have created laws and regulations that help consumers from specific email and marketing practices. And get this… if you run amock of these rules, you could find yourself in HOT water (legally).

So, how do you protect yourself and your business?… Well, that’s what this lesson is going to help you do. But before we dive in, let me share a quick disclaimer…

I’m NOT a lawyer, and in NO way should this lesson be construed as legal advice.

This is merely information you may find useful, so you can research and discuss it with your attorney. Ultimately, you’ll want to talk with an attorney or other qualified legal professional if you have any questions, need any help, or need legal advice about these topics.

Okay, now we’ve got that out the way. Let’s dive in…

Step 1: Know What Laws Are Applicable to You

There are two sets of laws you’ll need to consider…

1. The laws in the jurisdiction in which you reside.
2. The laws in the jurisdiction in which your subscribers reside.

For example… If you or your subscribers live in the United States, you need to be aware of the CAN-SPAM Act of 2003 and anything relevant put out by FTC.gov. Specifically, the CAN-SPAM Act includes provisions related to the following:

• Emails should be easy to unsubscribe from, and requests must be honored within ten days.
• Unsubscribe links should be in the usual place (at the bottom of the email).
• Adult content must be labeled.
• Email “From” fields must be accurate.
• Your physical mailing address must appear in the email.
• The email cannot include a false header.
• Subject lines must be relevant and accurate.
• The email must include at least one line of text.

Another example… If you or your subscribers live/work in the European Union, you need to be aware of, and comply with the GDRP (General Data Protection Regulation). These regulations are designed to protect your subscribers’ data and privacy. For example…

You can’t sell or give away your subscribers’ data without their explicit permission. We won’t get into all the specifics of this law and its compliance, as it’s pretty complex. However, if you’re affected by it, then you definitely need to understand all parts to run your business legally.

Other examples of regulations that might apply to your situation include…

• The CASL (Canada Anti-Spam Law).
• The Spam Act (2003).
• Spam Regulations (2021) of Australia.

Again, you’ll want to research the jurisdictions in which you or your subscribers live to determine if they have spam laws that apply to you and what you need to do to be compliant.

Step 2: Organize Your Website Policies

Your lead page (as well as your whole website) should include a Terms of Service document and a Privacy Policy document. These documents will outline exactly how you use data on your website (such as cookies) as well as how you use your subscribers’ names, email addresses, and other data.

Check the relevant laws and regulations to find out what to include in these documents.

Step 3: Check Your Emails

Your next step is to ensure all your emails comply with all the applicable laws and regulations. Remember, for this step, you’ll want to consider two sets of guidelines…

The applicable government laws

For example… if you’re required to follow the CAN-SPAM Act, you need to follow procedures outlined in the law, some of which were mentioned above (e.g., accurate subject lines, easy unsubscribing, etc.). Failing to follow these procedures and result in specific penalties.

Your Email Service Providers’ Terms of Sevice

Your ESP”s terms of service aren’t laws (so you ain’t gonna get fined!). However, they can ban you without notice if you don’t adhere to their terms. For example, it’s common for ESPs to have the following set of terms…

• No spam.
• No hate speech.
• No abusive content.
• No illegal content.
• No adult content.
• No pharmaceutical sales.
• No gambling content.
• No multi-level marketing content.
• No purchased leads.
• Not collecting certain information from subscribers (health status, political opinions, etc.).

You might scan the list and think you’re okay because you don’t do any of the above, but take heed… there are grey areas that can cause problems. For example…

If you sell B2B or marketing information, the content may be considered “get rich quick” ideas, and you could get banned. Yet another example…

Let’s suppose you’re promoting an affiliate offer. If it’s a two-tier program… it might be considered “multi-level” marketing. So, if in doubt, talk to your service provider about whether your content could steer its way into any grey areas and how to avoid them.

And finally…

Step 4: Consult With an Attorney as Needed

It’s worth repeating since we’re talking legal issues… consulting with an attorney is advised. Look for one who’s well-versed in email and marketing practices and who knows what laws and regulations apply to your situation.

You might also want to check out Nolo.com, which has some boilerplate forms you can use and a directory of attorneys who may be able to help.

Conclusion

As you know, you deal with laws in every area of your life, and sending marketing emails is no different. However, it may be unfamiliar to you at the moment (if you’re new to the game). As such, be sure to get up to date on relevant laws, keeping an ear to the ground for new laws coming down the pike that may affect you in the future.

See you in the next session…