Adviatech Corp., sponsors three weekly email newsletters; Law Firm Marketing Weekly, Insurance Agency Marketing Weekly, and Downtown SEO, our general online marketing newsletter. While many newsletter subscribers have requested the newsletter, some subscribers may find themselves on the distribution list because they work with an authorized partner whom they have (by the partner’s terms) expressed permission to receive information from associated companies or because we have lawfully acquired niche email leads from lead sources like InfoUSA whom we believe could benefit from the newsletter.
“Spam” is unsolicited email and laws are in place to protect you against such nuisances as “Make Money Fast”, “Personal Enhancement”, and “Buy Cheap Drug” scams. Adviatech supports the Can-Spam Act of 2003 in hopes of preventing fraudulent emails and emails that do NOT offer an opt-out method.
While many companies say they “Support the Can-Spam Act of 2003”, the truth is, most firms have never read it. We have. And, we’re going a step further by posting it on our web site with commentary on how we comply. The data was copied in its original format from the FTC’s (Federal Trade Commissions) web. You can read the law in it’s entirety at http://www.ftc.gov/bcp/conline/pubs/buspubs/canspam.shtm.
While most of our subscribers enjoy the weekly newsletters as they offer valuable information targeted towards marketing their industry online (Adviatech’s Core Service), some subscribers whom wish to not follow the easy unsubscribe method, have contacted Adviatech to express their displaced aggression of receiving massive amounts of emails from none Adviatech newsletters. In ignorance, these subscribers do not realize the very fact that Adviatech’s mailing and phone contact is clearly visible at the bottom of the newsletter shows that it is compliant and lawful marketing.
Why do companies such as Adviatech utilize email marketing?
1) Marketing through education. Our newsletters allow us to directly communicate with businesses in niche markets and help them understand search engine optimization and online marketing. Many subscribers become clients after receiving the helpful newsletter for four to six months.
2) Conversion. Email marketing offers higher conversions and lower costs per lead than direct mail or print advertising.
3) Non intrusive. Unlike postal “junk mail” you can opt to no longer receive commercial email.
Adviatech’s goal is to inform readers in hopes of being selected as their online marketing firm when the time comes. And, with a 40% conversion rate of reader to client, most subscribers see that they are working with a knowledgeable firm. If our newsletters become unwanted, readers can unsubscribe using the links below. Remember, it averages 1.8 minutes a year to delete one piece of email every week and about the same amount of time to unsubscribe. The average phone complaint takes 10 minutes. While Adviatech usually complies with phone requests so that we may not discourage anybody from working with us, we are NOT required by law to do so.
Unsubscribe Links
Law Firm Marketing Weekly
Insurance Agency Marketing Weekly
Downtown SEO
Manual Email Ban List
Since email lists are stored safely in an online database, it is possible (though not likely) that at some point due to server error, we may need to restore a database to a recent backup date. An unsubscribed email may, by this method, get back on the distribution list. Should this happen, call us immediately at 1.800.728.5306 or add your list to the “Adviatech Manual Ban List” which is a list of emails we run through our black list feature before each Monday distribution.
The CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography and Marketing Act) establishes requirements for those who send commercial email, spells out penalties for spammers and companies whose products are advertised in spam if they violate the law, and gives consumers the right to ask emailers to stop spamming them.
The law, which became effective January 1, 2004, covers email whose primary purpose is advertising or promoting a commercial product or service, including content on a Web site. A "transactional or relationship message" – email that facilitates an agreed-upon transaction or updates a customer in an existing business relationship – may not contain false or misleading routing information, but otherwise is exempt from most provisions of the CAN-SPAM Act.
The Federal Trade Commission (FTC), the nation's consumer protection agency, is authorized to enforce the CAN-SPAM Act. CAN-SPAM also gives the Department of Justice (DOJ) the authority to enforce its criminal sanctions. Other federal and state agencies can enforce the law against organizations under their jurisdiction, and companies that provide Internet access may sue violators, as well.
What the Law Requires
Here's a rundown of the law's main provisions:
It bans false or misleading header information. Your email's "From," "To," and routing information – including the originating domain name and email address must be accurate and identify the person who initiated the email. We are in compliance. We want our readers to see who is contacting them. Our “sent from” emails do not change and they are working email inboxes. We do use backup SMTP servers so that mailing may continue in case of a primary SMTP server glitch but our clear public source and backup source are easily obtainable in the email headers or can be requested from Adviatech Corp. No secrets.
It prohibits deceptive subject lines. The subject line cannot mislead the recipient about the contents or subject matter of the message. That is always irritating. Thus, we do not use this practice. Our subject line is either an overview of the newsletter or the subject of our featured article.
It requires that your email give recipients an opt-out method. You must provide a return email address or another Internet-based response mechanism that allows a recipient to ask you not to send future email messages to that email address, and you must honor the requests. You may create a "menu" of choices to allow a recipient to opt out of certain types of messages, but you must include the option to end any commercial messages from the sender.
Any opt-out mechanism you offer must be able to process opt-out requests for at least 30 days after you send your commercial email. When you receive an opt-out request, the law gives you 10 business days to stop sending email to the requestor's email address. You cannot help another entity send email to that address, or have another entity send email on your behalf to that address. Finally, it's illegal for you to sell or transfer the email addresses of people who choose not to receive your email, even in the form of a mailing list, unless you transfer the addresses so another entity can comply with the law.
“An Opt-Out Mechanism” is offered and available. We have chosen this method to automate the unsubscribe process. Please note, we are NOT obligated by law to remove an email address based on a phone request or any other method other than that set forth in our unsubscribe instructions clearly written in full size font at the bottom of each newsletter. We also will not fulfill unsubscribe requests via emails sent back to us that simply put “Unsubscribe” in the subject or body. This works with some programs but ours requires the unsubscribe link at the bottom of your email. This is lawful as it states “…or another Internet-based response mechanism that allows a recipient to ask you not to send future email messages to that email address…”.
Furthermore, we will of course, not transfer unsubscribe list. This is a newsletter for those “interested” in learning about online marketing. Plus, we respect your right to not receive emails.
It requires that commercial email be identified as an advertisement and include the sender's valid physical postal address. Your message must contain clear and conspicuous notice that the message is an advertisement or solicitation and that the recipient can opt out of receiving more commercial email from you. It also must include your valid physical postal address.
Just scroll down to the bottom of the newsletter. You have our phone number and office address. Remember, the very fact that you can contact us shows we are in compliance.
Penalties
Note: All of the below practices are not only against the law and unethical, they are simply bad business practices which we do not employ.
Each violation of the above provisions is subject to fines of up to $11,000. Deceptive commercial email also is subject to laws banning false or misleading advertising.
Additional fines are provided for commercial emailers who not only violate the rules described above, but also:
"harvest" email addresses from Web sites or Web services that have published a notice prohibiting the transfer of email addresses for the purpose of sending email
Generate email addresses using a "dictionary attack" – combining names, letters, or numbers into multiple permutations
Use scripts or other automated ways to register for multiple email or user accounts to send commercial email
Relay emails through a computer or network without permission – for example, by taking advantage of open relays or open proxies without authorization.
The law allows the DOJ to seek criminal penalties, including imprisonment, for commercial emailers who do – or conspire to:
Use another computer without authorization and send commercial email from or through it
Use a computer to relay or retransmit multiple commercial email messages to deceive or mislead recipients or an Internet access service about the origin of the message
Falsify header information in multiple email messages and initiate the transmission of such messages
Register for multiple email accounts or domain names using information that falsifies the identity of the actual registrant
Falsely represent themselves as owners of multiple Internet Protocol addresses that are used to send commercial email messages.
