Direct Marketing

Spamming is the sending of unsolicited emails for commercial advertising

Many complain that this wastes their time and computer resources as they have to go through them to delete them and of course, it takes longer to download emails and takes up bandwidth. It is estimated that more than 50% of global email traffic is Spam

Most EC countries recognized the problem, but differed as to how to deal with it. Some chose

Opt-out schemes. The recipient had to indicate that he did not wish to receive Spam. Belgium, US and Hong Kong favoured this. Opt-in schemes. The recipient must positively invite Spam. Austria, Denmark, Germany, Finland, Italy went for this approach

The UK did not make its mind up, although the E-Commerce Regulations required such communications to be clearly marked as unsolicited commercial communications. There is now a new EC-wide Directive, resulting in a uniform approach and the UK's resultant Privacy and Electronic Communications Regulations 2003 came into force 11th December 2003

Regulation 22 applies only to transmissions to individual subscribers (the term "individual" means "a living individual" and includes "an unincorporated body of such individuals"). Marketing material can still be directed to info@companyname.com or even johnsmith@companyname.com

Note however that the Committee of Advertising Practice ("CAP") Code of Advertising Sales Promotion and Direct Marketing Practice does not currently permit unsolicited emailing to non-customers at company addresses i.e. B2B prospecting

The Regulation prohibits "the transmission of unsolicited communications for the purposes of direct marketing by means of electronic mail unless the recipient of the electronic mail has previously notified the sender that he consents for the time being to such communications being sent by, or at the instigation of, the sender"

There may still be scope for the sending of marketing material. If you have any legitimate dealings with anybody, a check box would work to create a class of "solicited communications" - "please send me information about other products / services offered by your company and associated companies"

The regulations do allow certain marketing by email: "However, a person may send or instigate the ending of electronic mail for the purposes of direct marketing where

• That person has obtained the contact details of the recipient of that electronic mail in the course of the sale or negotiations for the sale of a product or service to that recipient.

• The direct marketing is in respect of that person's similar products and services only

• The recipient has been given a simple means of refusing (free of charge except for the costs of the transmission of the refusal) the use of his contact details for the purposes of such direct marketing, at the time that the details were initially collected, and, where he did not initially refuse the use of the details, at the time of each subsequent communication."

No definition is given of the word "similar". Does it mean same product group, so that one can promote a clothing product to a clothing buyer, but not a suitcase. It does not mean "ancillary" so the seller of a car could not promote a roof rack and box, a trailer, a hands free telephone, a GPS system? Is a bicycle, as another means of transport, in a similar product group

There are no time limits imposed. A customer is a customer for life or until he refuses to accept your direct email marketing. Provided these conditions are met, the seller can market material to the customer at any time in the future, just so long as he does not get a refusal.

Regulation 23 prohibits the sending of communications by means of electronic mail for the purposes of direct marketing where the identity of the person on whose behalf the communication is made has been disguised or concealed or an address to which requests for such communications to cease may be sent has not been provided.

CRIMINALITY

The Information Commissioner can issue "Stop" orders, which bring a large fine if ignored. Any person suffering damage has a right of action but quantification of damages is problematical. Any respectable organisation will be mainly worried about the publicity generated by any investigation by the ASA who enforce.

IF YOU WANT TO REDUCE SPAM

1. Be aware that if you use the "unsubscribe" option, there is a good chance that this only serves to confirm that your email address is current and you get more.

2. A robot harvester looks for the @sign so present your email address on your website without it i.e." email Michael Breeze" where the proper email address is underneath, not "mdb@kaslers.co.uk " .

3. Remove your email address from your site altogether but use a reply form which requires the user to insert information.

4. Use anti-Spam products, although these will use up computer resources and will not obviate the time on - line. Further, you will need to check the Spam folder for legitimate messages that were caught and your inbox for those that got through the net.

COMPARISON WITH OTHER FORMS OF COMMUNICATION

Telephone

• Individuals can notify particular callers not to call or register with OFCOM their preference not to be contacted.
• Companies must notify particular callers not to call.

Fax

• Individuals must opt in.
• Companies must notify particular callers not to fax or can register with OFCOM their preference not to be contacted.

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