Sending New Email Newsletter - Advice Needed

[asg11us]

Hi:

I'm starting a new email newsletter highlighting each month some of the domain names I have for sale and I was wondering about the proper etiquette (and legality) in terms of who I can send the newsletter to without it being considered spamming. I've put together a list of about 450 email addresses consisting of the following: (1) people who have bought domains from me in the past; (2) people who have inquired about domains I have (but have not purchased); (3) people who have emailed me asking me to purchase domains; (4) brokers; and (5) executives and other "experts" and authorities within the domain industry.

My goal is, obviously, to attract buyers for my names and I think that groups [HASHTAG]#1[/HASHTAG], [HASHTAG]#2[/HASHTAG], [HASHTAG]#4[/HASHTAG] and [HASHTAG]#5[/HASHTAG] (?) are probably the most likely people to target. However, since none of the people in these groups have agreed to receive this newsletter, do I first need to obtain permission to send them the newsletter? I could send them each an email asking them to opt in if they want to receive the newsletter.

Any advice would be greatly appreciated.

Thanks in advance,


Andy

 

[atomic]

It's not spam when a "business" sends unsolicited email to a "business," because it is essential for businesses to be able to communicate with other businesses, that is how business is done

But, if you are new to this just use Mail Chimp for the first round and they will walk you through complying with Can-Spam, etc... and after that you should "get it" and go at it on your own if you wish.

 

[[email protected]]

Hi:

I'm starting a new email newsletter highlighting each month some of the domain names I have for sale and I was wondering about the proper etiquette (and legality) in terms of who I can send the newsletter to without it being considered spamming. I've put together a list of about 450 email addresses consisting of the following: (1) people who have bought domains from me in the past; (2) people who have inquired about domains I have (but have not purchased); (3) people who have emailed me asking me to purchase domains; (4) brokers; and (5) executives and other "experts" and authorities within the domain industry.

My goal is, obviously, to attract buyers for my names and I think that groups 1, 2, 4 and 5 (?) are probably the most likely people to target. However, since none of the people in these groups have agreed to receive this newsletter, do I first need to obtain permission to send them the newsletter? I could send them each an email asking them to opt in if they want to receive the newsletter.

Any advice would be greatly appreciated.

Thanks in advance,


Andy

In short, you may send unsolicited email so long as you follow the rules.

- include your physical postal address
- indicate that the email is an advertisement or solicitation
- notify recipients of their ability to decline further mailings and tell them how to do so

Controlling the Assault of Non-Solicited Pornography and Marketing ("CAN-SPAM") Act of 2003, 15 U.S.C. § 7701 et seq., and was enacted in response to mounting concerns associated with the rapid growth of spam e-mails. Congress determined:

(1) there is a substantial governmental interest in regulation of commercial electronic mail on a nationwide basis;
(2) senders of commercial electronic mail should not mislead recipients as to the source or content of such mail; and
(3) recipients of commercial electronic mail have a right to decline to receive additional commercial electronic mail from the same source. Id.

The Act does not ban spam outright, but rather provides a code of conduct to regulate commercial e-mail messaging practices. Stated in general terms, the CAN-SPAM Act prohibits such practices as transmitting messages with "deceptive subject headings" or "header information that is materially false or materially misleading." See 15 U.S.C. § 7704(a)(1), (2).

The Act also imposes requirements regarding content, format, and labeling. For instance, unsolicited e-mail messages must include the sender's physical postal address, indicate they are advertisements or solicitations, and notify recipients of their ability to decline further mailings. 15 U.S.C. § 7704(a)(5). Moreover, in order to comply with the Act, each message must have either a functioning return e-mail address or a comparable mechanism that allows a recipient to "opt out" of future mailings. 15 U.S.C. § 7704(a)(3).

————
Stevan Lieberman
Greenberg & Lieberman, LLC
http://www.aplegal.com

 

[asg11us]

In short, you may send unsolicited email so long as you follow the rules.

- include your physical postal address
- indicate that the email is an advertisement or solicitation
- notify recipients of their ability to decline further mailings and tell them how to do so

Controlling the Assault of Non-Solicited Pornography and Marketing ("CAN-SPAM") Act of 2003, 15 U.S.C. § 7701 et seq., and was enacted in response to mounting concerns associated with the rapid growth of spam e-mails. Congress determined:

(1) there is a substantial governmental interest in regulation of commercial electronic mail on a nationwide basis;
(2) senders of commercial electronic mail should not mislead recipients as to the source or content of such mail; and
(3) recipients of commercial electronic mail have a right to decline to receive additional commercial electronic mail from the same source. Id.

The Act does not ban spam outright, but rather provides a code of conduct to regulate commercial e-mail messaging practices. Stated in general terms, the CAN-SPAM Act prohibits such practices as transmitting messages with "deceptive subject headings" or "header information that is materially false or materially misleading." See 15 U.S.C. § 7704(a)(1), (2).

The Act also imposes requirements regarding content, format, and labeling. For instance, unsolicited e-mail messages must include the sender's physical postal address, indicate they are advertisements or solicitations, and notify recipients of their ability to decline further mailings. 15 U.S.C. § 7704(a)(5). Moreover, in order to comply with the Act, each message must have either a functioning return e-mail address or a comparable mechanism that allows a recipient to "opt out" of future mailings. 15 U.S.C. § 7704(a)(3).

————
Stevan Lieberman
Greenberg & Lieberman, LLC
http://www.aplegal.com

Thanks, Stevan.

While I am complying with the three requirements listed above, I decided that instead of sending my newsletter out to every recipient on my list that I would invite them individually (via email) to sign up. Unfortunately, the response rate for these invitations has not been good. Still, it doesn't do me much good to send out a bunch of emails to people who didn't ask for them or don't want them. I'd rather have a small list of people who've opted in than a long list of people who haven't.

Thanks again for you help!


Andy

 

[[email protected]]

Happy to help. I guess you could get a much larger list.

Stevan Lieberman
Greenberg & Lieberman, LLC
http://www.aplegal.com

 

[asg11us]

Happy to help. I guess you could get a much larger list.

Stevan Lieberman
Greenberg & Lieberman, LLC
http://www.aplegal.com

Would you like to sign up for our newsletter?

 

[[email protected]]

if I can respond to comments

 

[asg11us]

if I can respond to comments

Sure. Just click on the link at the bottom of my signature and sign up.

Thanks.