Sport Business

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Without a doubt, consumer privacy is the No. 1 issue facing email marketers today. Given all that is written and discussed about privacy, it can be difficult to establish what the law dictates versus what is considered best practice. We are not lawyers, and you should not take this article as legal advice, but we are here reviewing some relevant laws and best practices related to email marketing.

First, it is important to understand what the letter of the law mandates. As of early 2000, 14 states within the U.S. had enacted unsolicited commercial email (UCE) or "antispam" laws, but any federal-level laws directly addressing email marketing have yet to be enacted. The various state laws describe each state's requirements for commercial email messages that are delivered to individuals within that state. Violations may result in financial losses for the marketer because individual consumers or the state may sue the marketer for damages. (Click here for a table that outlines the basic details of the UCE statutes for 14 states.)

As intelligent marketers know, sending unsolicited email to a group of individuals can have ramifications even worse than a lawsuit -- including damage to brand credibility, loss of trust, poor response rates, and waves of unsubscribe requests. In addition to UCE laws, you should familiarize yourself with each state's consumer protection laws. To minimize legal risk and avoid damaging customer relationships, every email marketer should, at the very least, follow the minimal requirements of all 50 states.

Many marketers have translated the laws into practice and assert that it is acceptable, but not recommended, to send email to an individual with whom they have an existing business relationship. However, the preferred approach from legal and consumer standpoints is to deliver email messages only to those individuals who have explicitly consented to receive the email. Gathering an opt-in from consumers is ...