When you do not have Email Compliance Software in place, violations and fines related to email marketing can result in damages to your brand and drain your business capital. The Ezepo site offers vital third party email marketing supervision, oversight information, and extends crucial alerts the minute non-complaint activities are noticed. Do not roll the dice on email marketing! It is essential to your future marketing success to be compliant; the CAN-SPAM Act is a federal law that should be adhered to as part of the risk management strategy for your company. Email Marketing Software and List Scrubbing Tools are available to help oversee third party email marketing compliance for companies, marketers, and affiliates.
Q & A’s Related To Third Party Email Marketing
I would like to send commercial emails or electronic text ads for a client or another person/company. What should I be aware of before agreeing to the job?
As a sender of these messages, you need to be aware of the obligations you need to adhere to in association to the Spam Act. You hold the responsibility of any contraventions which may occur. What this means is that you have to be aware of consent relied upon in order to send these messages. This includes the unsubscribe facility and sender identification for the decision maker that approves the messages (your client).
When your customer/client has given you lists of mobile numbers or email addresses.
You need to make sure you avoid breaching the Spam Act in regards to sending messages on behalf of another party. This involves taking the necessary steps to make sure consent is in place to make use of the addresses in the marketing lists that they want to give to you. While the business or person that was responsible for sending these messages is held legally responsible in proving this consent exists, you will also be held legally responsible when consent was not obtained.
Compliance Associated With Third Party Email Marketing
When using marketing lists that the client/customer provides, you have to make sure that every one of the unsubscribe requests received has been updated on the marketing list for your client. Ezepo offers easy to use email compliance software that assists you in keeping track of any opt-outs.
When you provide email address lists or mobile numbers to your customer.
When you are the person offering a marketing list that will be used in order to send out messages for a company, sole owner client or customer (the message decision maker) you need to make sure you have opt-in consent. You will also need to notify the company or client of the opt-in consent before any of the messages are actually sent. This protects everyone involved.
Third Party Email Marketing Compliance And Sources Lists
In the case that you have sourced email addresses lists from a 3rd party on behalf of your client.
Again you have to make sure you have received consent in order to send these messages.
As the sender of messages, you could be liable for any breaches associated with the Spam Act, even when you are actually not (the company decision maker) in regards to sending the messages. For this reason it is vital you have a full understanding of your obligations. Make sure that the unsubscribe facility is functioning correctly and is tested on a regular basis. You may even find that it is convenient for you to include the Spam Act compliance measures in your agreements and contracts. In fact, it is highly suggested that you do so.
Keeping records is vital for all the message senders which included the messages that you send on behalf of someone else.
The SMS messages also need to be sent in association with compliance to TCPA (Telephone Consumer Protection Act) along with the CAN-SPAM Act which is the applicable laws in regards to regulation of marketing that uses SMS messaging in the USA. CAN-SPAM Act is the definition of commercial messages for the ones that mainly promote or advertise services or products.
In conclusion, though you may only send electronic emails we provided information above for all types of electronic data you use for electronic marketing. Best advice is do your due diligence whether you are the list provider or list receiver it should help you oversee third party email marketing to protect your brand.