"I'm just a little guy," you say? Well, that may be true, but you're still liable. But if you're list building the right way, you're probably protected, if you're gathering names with a list building page and sending them to an autoresponder. But some parts of the law apply to everyone. So, take note, especially if you're running your own email system, and be sure you are within the law.
Here's basically what the law says:
*You cannot have false or misleading informaton in your email headers or in the "From" and "To" lines and you must give accurate routing information, including the place where your domain originates and your proper email address. It must also identify you as the person who sent the email.
*No misleading subject lines. For instance, you can't write to people saying the message is from their doctor when you're trying to sell them Viagra. It happens all the time. Those messages are illegal.
*You must incude an opt-out method, and provide a return email address. And when someone unsubscribes, you must honor their request.
Whatever opt out method you choose, it must be active for 30 days, at least. You only have 10 business days to get people who have requested to be removed off the list.
*You must identify your message as an advertisement and you have to include your physical mailing address.
So, that's basically it, but there are other implications. You shouldn't buy lists of names--ever. Harvesting of email addresses and then sending those people unsolicited email is against the law, too. Never do that. If you do, you're just asking for trouble. Take the time to set up a proper squeeze page that sends the person's name and email address to an autoresponder that will confirm their subscription to your list. But using "double opt-in" methods, you're doubly protected.
When you send out emails, be sure that you include a link for people to unsubscribe and your mailing address. If you use an autoresponder service, this is taken care of for you. If you're using your own email delivery program, then, it's your responsibility to follow the law. It's really not that complicated, and you won't enjoy the penalty if you're caught out of compliance. Each violation is subject to a $11,000 fine. So, if you sent to 100 people, you could be fined $1,100,000, and you could also go to jail. Is it really worth it?
