Would I pay $220,000 to send these emails?

I recently received an unsolicited email from a company which had just started up in Werribee. The email included a cartoon cat.

I guess nothing says we're serious business people (but with a playful sense of fun) like an animated cat. Nice kitty.

However, despite the unexpected feline bonus, I just didn't feel good about getting this email since:

  1. It included 3.7 MB of attachments. That would take over 11 minutes to download if you are still one of the 30% of people still on dial-up.
  2. There were multiple spelling mistakes in the marketing brochures (including the most variations on Wyndham that I've ever seen in one document).
  3. I have never requested information from this company. I'm assuming they put together a list of email addresses from Werribee businesses' websites and sent this same email to us all.

Now I'm all for local businesses using the web to promote their products and services. However unsolicited emails like this one are SPAM.

Spam is against the law

In Australia, SPAM is banned by the SPAM Act 2003 which is enforced by the Australian Communications and Media Authority (ACMA).

The Act prohibits unsolicited commercial electronic messages in Australia including:

  • Emails
  • SMS Messages
  • MMS Messages
  • Instant Messaging

To help people comply with the Act, the ACMA have produced A Practical Guide for Business (PDF).

Spammers aren't cool

Before sending out a mass email make sure that you have complied with:

  • Consent
  • Identify
  • Unsubscribe

Consent - Only send emails to people with their consent

Guideline:

"Your commercial messages should only be sent when you have consent.  This may be express consent from the person you wish to contact – a direct indication that it is okay to send the message, or messages of that nature. It is also possible to infer consent based on a business or other relationship with the person, and their conduct."
-A practical guide for Business

Express consent is fairly straight forward but what exactly is "inferred" consent?

"If a plumber advertises their email address, it is okay to send them offers of work or of plumbing supplies, but not to send an offer unrelated to their work, such as cheap pharmaceuticals."
-A practical guide for Business

On first glance "inferred" consent seems to allow anyone to send you an email if there is even a hint of connection to your business. So in the case of the email I received, is it OK to send out an unsolicited email about services designed to help Wyndham businesses to a Wyndham business? Unfortunately, it's not that simple.

In 2005 Carsales.com.au sent an SMS advertising their service to phone numbers found in the classified ads of people selling cars. The ACMA (then the ACA) fined Carsales.com.au $6500 arguing that just because their contact phone numbers were published in their classified, it didn't infer they had consented to being contacted regarding a car sale service.

Recommendation:

I would recommend that businesses do not send out mass emails except to people that have clearly consented, by signing up for a newsletter, for example.

Identify - Include your contact information

Guideline:

"Your commercial messages should always contain clear and accurate identification of who is responsible for sending the message, and how they can be contacted.
It is important for people to know who is contacting them, and how they can get in touch in return. This will generally be the organisation that authorises the sending of the message, rather than the name of the person who actually hits the “send” button."
-A practical guide for Business

If you are just about to move, keep in mind contact information should be accurate for a period of 30 days after the message is sent.

Recommendation:

On every message you send out, make sure you include contact information. This can easily be done by adding a "footer" to your emails (check your email program's Help menu) which includes:

  • Phone number
  • ABN (Australian Business Number)
  • Email address
  • Street address

This will also have a couple of other benefits:

  • Make your emails look more legitimate
  • Give someone multiple ways to get back to you

This will help your emails get read and responded to which is usually the point.

Unsubscribe - Allow people to stop getting messages

Guideline:

"Your commercial messages should contain an unsubscribe facility, allowing people to indicate that such messages should not be sent to them in future.

All commercial electronic messages must contain a functional unsubscribe facility, allowing people to opt-out from receiving future messages. Such a request must be honoured.

The Spam Act specifies that the person’s consent has been withdrawn within five working days from the date that the unsubscribe request was sent (in the case of electronic unsubscribe messages) or delivered (in the case of unsubscribe messages sent by post or other means).

Similar to the identification of the message’s sender the unsubscribe facility must be reasonably likely to remain accurate and functional for a 30 day period."
-A practical guide for Business

The email I received didn't include any information about opting out. To be fair, it looks like a once off email so I'm not expecting to be buried in a deluge of cartoon cats anytime soon.

Recommendation:

If you are sending emails via your mail program include a simple message such at the bottom of the email like:

“If you wish to opt out from future messages, please send a reply email with the subject UNSUBSCRIBE”

Permission Email Marketing

As long as you are careful to avoid spamming potential clients, well-organised emails campaigns can be an effective way to increase business. We have helped several clients with software to assist their email marketing. The software has the following advantages:

  • Automatically allows people to add their email (consent)
  • Automatically allows people to unsubscribe
  • Automatically includes contact information on every email sent out (identify)
  • Automatically includes unsubscribe information on every email sent out (so it can't be accidentally forgotten)
  • Saves time managing an email database

If you have any questions or comments please email me.