Spam Laws for Market Research
The CAN-SPAM Act of 2003 -- the acronym stands for Controlling the Assault of Non-Solicited Pornography and Marketing -- established a set of laws that marketers must follow when sending email. These laws were adapted quickly by many other countries around the world with only minor variations. Market research conducted via email must comply with the guidelines established by the CAN-SPAM Act to avoid legal issues that may arise from unhappy clients.
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Email Purpose
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The Federal Trade Commission (FTC) identifies three possibilities for what it calls the primary purpose of an email: for commercial intent, transactional or relationship content, or other content that is neither of the two. If the primary intent of the email is commercial, it must comply with the CAN-SPAM guidelines. If the email is for transactional or relationship content, such as sending information about an order or a recall, it does not have to comply with the provisions of the law. The FTC leaves the interpretation of "other content" open. Market research, such as email surveys, can be considered of commercial intent or relationship content depending on the wording used. To avoid potential complaints, structure the email for compliance with CAN-SPAM.
CAN-SPAM Guidelines: Permission
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Spam laws make it necessary for the company sending commercial email to have the permission of the recipient to do so. A company obtains this permission when the recipient fills out a contact form requesting information or when he checks a box during an order or sign up process that expressly gives the company permission to send him promotional email. Sending market research email to a list you purchased from a third-party is illegal. However, a third-party company may send the email to its contact list on your behalf. In other words, you may supply the content of the email, but the email must be sent from the the company that has the permission of recipients to send them mail.
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CAN-SPAM Guidelines: Proper Identification
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All email must provide the recipient with your contact information, including a physical address. The reason behind this requirement is to prevent unscrupulous marketers from using well known trademarks and brands to advertise their products. Market research email must include clear information about who the email is from so the recipient may make an informed decision about how to respond.
CAN-SPAM Guidelines: Removal from the List
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To fully comply with the law, all unsolicited marketing email must include clear instructions on how the recipient may exclude herself from future mailings. This is generally done in the form of a link that automatically removes the individual from the contact list. The law does not specify where this message must appear or the requirements for its appearance. Most marketing companies include this statement in a smaller, lighter colored type at the very bottom of their email. Market research email sent by you or a third-party on your behalf must include the "opt-out" feature in every email.
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References
- Photo Credit email image by Soja Andrzej from Fotolia.com
