According to the Direct Marketing Association (DMA), 15 to 25 new “Do Not Mail” bills will be introduced on the state level that will attempt to replicate the Federal Do Not Call legislation. Although the federal government does have a legitimate business interest (US Postal Service) in not proposing federal legislation, Congress might be forced into taking action if a patchwork of state laws pass.
What does this mean for email marketers?
Legislation in one marketing medium usually finds its way to other ones as technology makes compliance easier and enforcement is less of an issue. It is doubtful that 2008 will see any significant legislation specifically related to email marketing. The “Do Not Mail” bills, however, could be a pre-curser to amending CAN SPAM from opt-out to opt-in. This means that all recipients will need to officially opt-in to receiving your email. Right now, the law requires marketers to have an opt-out option, and while opt-in is preferred, it’s not required.
Stay ahead of this potential hiccup by strengthening your opt-in methods now. Check out eLoop’s features such as landing pages, surveys, and others to see how you can increase your opt-in savvy.