How to Legally Send Bulk Email

Sending out bulk email illegally can result in stiff fines of up to $16,000 per offending email. Bulk email refers to sending out many email messages -- from thousands to tens of thousands -- within a short period of time. If you're sending out email with any sort of commercial intent, you must follow the guidelines set forth under the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act of 2003.

Things You'll Need

• Mailing service

Instructions

Set Up a Mailing Service

1. Register for a mailing service such as MailChimp. Other options include Constant Contact, AWeber and iContact. Navigate to the website of one of these services and sign up for an email marketing account. These services offer the fastest and easiest solution for sending out bulk email by allowing you to send messages without purchasing and maintaining your own server .

2. Save your list of email addresses that you intend to send email to as an Excel file and log in to your mailing service account. To log in to MailChimp, for example, navigate to the MailChimp website and select the "Log In" button at the top of the page.

3. Select the "Lists" option from the menu at the top of the page, click on the "Create New List" button and then confirm by clicking the "Create List" button that appears. Enter the name and other information for your new list and select the "Create" button.

4. Select the "Lists" option again from the menu at the top of the page. Underneath the name of your newly created list, select the "Import" button and then the "Upload a File" button. Choose the Excel file from your computer's desktop and select "Import List" to finish the importing process.

5. Create a new email message to begin composing an email to send out to your list of email addresses. To do so in MailChimp, select the red "Create Campaign" button on the left side of the screen and choose the "Regular Ol' Campaign" option. On the page that appears, select the list of email addresses that you uploaded and click on the blue "Send To Entire List" button to go to the next page and begin composing your email message.

Compose CAN-SPAM Compliant Emails

1. Enter an accurate form name and reply-to email address. Under the CAN-SPAM ACT, your "From" name and reply-to email address must be representative of your business. If you operate an online flower shop, for example, input a reply-to address such as [e-mail] that clearly informs the recipient where the message originates from.

2. Write a subject line that is not deceptive and that reflects the content of the message. Subject lines such as "I got your message!" are not reflective of a commercial message's content and are not permitted under the CAN-SPAM Act. Write a subject line such as "Half-off for flowers ordered from MyFlowerShop.com" that reflects the contents of the email.

3. Disclose clearly that your message is an advertisement. Do this either implicitly in the subject line by including a phrase that reflects clear commercial intent, such as "half-off sale" or within the body of the message by directly stating that the message is an advertisement. You do not need to include this kind of disclosure if your recipients have previously given you permission to send commercial messages, but if you've purchased a list of email addresses, for example, then you must include the disclosure.

4. Include a mailing address in your message, either a street address or a post office box, that is valid and capable of receiving mail. Failure to include a valid mailing address is a violation of the CAN-SPAM Act.

5. Include a way for recipients to opt-out of receiving future emails from you. MailChimp and other mailing services automatically include a link to a web page that the recipient can navigate to in order to unsubscribe from further mailings. If you are not using a mailing service, include a clear explanation of how recipients can stop receiving future messages from you, such as by replying to the message with an email containing the text "Unsubscribe" in the subject line. Process opt-out requests within 10 business days after they are made.

Tips & Warnings

• If your mailing service receives too many spam complaints from your recipients, your account will be shut down. Use common sense in composing your emails so that they don't look like spam. Avoid sending out emails on subjects commonly associated with spam, such as get-rich-quick schemes and pharmaceuticals.

• Some mailing services do not allow you to use purchased lists of email addresses. Check with your mailing service's terms of service to ensure you are not breaking any rules.

References

• Bureau of Consumer Protection; The CAN-SPAM Act: A Compliance Guide for Business; September 2009
• Bureau of Consumer Protection; "Remove Me" Responses and Responsibilities: Email Marketers Must Honor "Unsubscribe" Claims; April 2002
• Direct Marketing Association; The CAN-SPAM Act of 2003; January 2004
• University of Caliornia, Office of the President; Complying with Federal Anti-Spam Law: University of California Guidelines; January 2004

Resources

• Direct Marketing Association: CAN-SPAM Act
• MailChimp: Email Marketing and Email List Manager
• Constant Contact: Email Marketing Solutions from Constant Contact
• AWeber: Email Marketing Software & Email Marketing Services from AWeber
• iContact: Email Marketing - iContact