Forum Moderators: phranque
So what has Can-Spam prevented? Besides stopping some of the biggest spammers, it has stopped me from sending my customers a regular message with an enticement or two to come visit me. There's too much to keep up with without worrying when the next call will be from someone wanting to sue me, or worse, from a host who's dropped me because I was accused of spamming.
I'm not a spammer. I'm the Pop side of a small business that feels like a regular connection with my customers is a good thing. To that end, I still use the phone, but just with my biggest customers.
There are options. I've used a couple of them. However, nothing beats using what I already own. Are you still using email as a primary method to keep in touch with your customers?
A few comments about the act. It was passed by Congress with support from direct marketing interests, particularly, with influence from the same people that bitterly fought against the Do-Not-Call regulations. The act is only designed to fight fraudulent spam, that is, spam for fraudulent product sales, misleading or incorrect subject lines and headers, etc. Of course, this type of spam is the vast majority of spam currently received.
The act, however, preempts (nullifies) state laws that go further than the act to fight all spam.
The problem now is enforcement. The act does not, as I understand it, provide for “private cause of action”, that is, the ability of individuals to sue spammers. (Such power is included in some of the telemarketing regulations). Therefore it is up to federal and state law authorities to enforce the act. Enforcement has begun, but it has far to go before making any real difference.
The act does allow “legitimate” spammers, that is those who follow the rules, don’t forge headers, allow for an “unsubscribe” method, etc. As the fraudulent spammers decrease, their place will be taken by the “legitimate” ones. These could become a problem.
If you are legitimate, don’t forge your address, and allow for recipients to opt out, the CAN-SPAM act should not affect you. What will affect you at this time is the general dislike, perhaps even hatred, of spam. People who are so tired of deleting port, body size enhancement, and similar ads are not receptive to any e-mail advertising. Your e-mail could create more bad will than business.
If law enforcement could rid us of the real spam, people may become more acceptable to legitimate e-mail advertising. However, for now I would stick to other methods.
