Pitfalls of Email Marketing

Abstract

This article touches on several subjects related to the use of commercial email in today's business environment. First, it addresses the current state of advertising and marketing via email. Second, it describes two aggressive and notorious self-described anti-spam litigants and how, hopefully, both have been eliminated from our court systems and as antagonists to responsible, law-abiding businesses. Finally, it offers suggestions, both practical and legal, on how legitimate email marketers can avoid liability and costly litigation. Everyone operating in today's business environment has some experience involving the receipt of commercial electronic mail. Email, in many cases, has replaced direct mail advertising as the preferred direct advertising tool for many companies. The two most often cited reasons are cost and the often stunning effectiveness of email marketing.