Thou Shalt Not Use Email SPAM (unless it’s legal)

Recently I finished an email project for a client.  We emailed to 35,000 past customers asking them if they wished to join our email newsletter.  We didn’t assume they wanted our newsletter, we asked for their permission to send it.  I tried to follow my understanding of the CAN-SPAM Act as best I could.

110 per 1000 subscribed.  5 per 1000 reported the email as spam to their ISPs.  2 out of 35,000 complained severely in emails to the customer.  Several customers sent sparkling emails to the customer complimenting them on using permission based marketing.

Then, as per my understanding of the CAN-SPAM Act, I deleted all emails so they couldn’t be used again.

Now I find in a Seth Godin blog that Dell Computers is assuming customers want to be on their email lists.  How embarrassing for Dell.  They just don’t get it.

I would be willing to bet that Dell’s practice of sending out those emails was within the letter of  the law.  I would also say that they violated the spirit of the law (no crime though).

My email campaign to 35,000 past customers for a client was my first larger sized email campaign.  I took obeying the letter and the spirit of the CAN-SPAM Act seriously.

I just wish I could have been at the Dell Marketing committee meetings where it was decided to go full speed ahead with their email campaign.  Did anyone at Dell Computers mention the CAN-SPAM Act when they decided to move ahead with their email campaign?

Comments

[Seth Godin]

The shame, of course, is that your heart is in the right place, but the customer's list was a real problem. Those 35,000 people mostly didn't want to hear from the company about a newsletter. They hadn't earned permission to send email to them. Just cause you have the data doesn't mean you have the right...

[RichardatDELL]

Hi Richard,
Wanted to stop by and thank you for making your views know in the conversations about email marketing and Seth's recent post about Dell. We listened to you (and others) and are making changes at Dell. So wanted to stop by and say thanks and let you know your input was appreciated. You can learn about additional details at our blog:
http://direct2dell.com/one2one/archive/2007/11/09/33107.aspx

[Lotte]

Maybe I'm stupid - but isn't sending emails out to get permission spam in itself?