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The Full-Stack Marketer

⚖️ Yeah it's boring, but it's the law.

Published about 1 month ago • 2 min read

Hey Reader,

Pro Social Media Tip: Take a page from Taylor Swift with your social media posts.

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This Week's Feature ↓

Know How To Text or Email...Legally.

As mentioned in my emails over the last few weeks (missed them? click here), sending emails and texts to customers can be a game-changer for most businesses.

You add a direct line of communication and avoid the detours of fighting with ads on social media or algorithms of the internet.

This week, however, we have to take a more serious note. We must know the laws of sending emails and texts to users.


Compliance and Etiquette

Stay Legally Compliant

Understanding and adhering to legal requirements is crucial in building trust and maintaining the integrity of your email and SMS marketing campaigns. Here’s a rundown of the major regulations:

  • CAN-SPAM Act: In the United States, the CAN-SPAM Act sets rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have you stop emailing them, and spells out tough penalties for violations.
  • Telephone Consumer Protection Act (TCPA): The TCPA regulates how businesses can contact individuals via text messages and phone calls for SMS marketing. This includes obtaining explicit consent before sending SMS messages and maintaining a do-not-call list.
  • General Data Protection Regulation (GDPR): GDPR enforces strict data privacy and consent rules for businesses interacting with European Union residents. Key requirements include obtaining clear consent before sending marketing messages and ensuring data security.

Consent is Key

  • Clear Opt-In Procedures: Always ensure that your sign-up processes include a clear, explicit opt-in action for email and SMS communications. This can be through a sign-up form on your website, a checkbox at checkout, or a double opt-in process where subscribers confirm their subscription via a second email or SMS.
  • Transparent Information: Inform subscribers what type of messages they are signing up for and how often they can expect to receive them.

Managing Subscriber Relationships

  • Easy Opt-In and Opt-Out Processes: Ensure subscribers can easily find out how to opt-out or manage their preferences. For SMS, this is often done via a simple “reply STOP to unsubscribe” message. For emails, include a clear unsubscribe link in the footer of your emails.
  • Respect Opt-Outs: Promptly process unsubscribe requests. For email and SMS, ensure that opt-outs are handled immediately to comply with laws and maintain trust.
PRO TIP: No one likes losing subscribers, but it's better than receiving a legal notification that you're breaking the law. Read that again.

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