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We want every campaign
that you conduct to produce great results. This page is aimed at
providing helpful and practical guides to ensure campaign success.
It includes information on fax and email compliance standards and
best practices for creating and deploying impacting fax and email
campaigns.
FCC
Rules fax renewals are transactional -- not fax advertisements.
California
passed fax legislation that went into affect January
1, 2006.
Click here to access the law. This law applies only to
intrastate faxes.
Click below to access information on:
• Fax
Legal Compliance
• Email Legal Compliance
• Fax Best Practices
• Email Best Practices
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Fax
Compliance
TCPA & Junk Fax Prevention Act
Requirements:
Every
fax must reference:
1. The identity of the "official" sender
2. The fax number of the sender
3. The broadcast date and time
4. Established business relationship (EBR)
5. Consent source: You must have received the fax number from the
recipient in the context of the EBR, or from a
public source such as a directory, advertisement, or web site, etc.
6. Opt-out requirements:
Clear and conspicuous opt-out mechanism on first page.
2 methods, including fax opt-out and phone opt-out
1 cost free method which is available 24/7
The "cost free" opt-out mechanism may be either a website,
email address, phone number or fax number (and a local phone number
is cost free if the faxes are limited to local recipients).
(Opt-out language) Our failure to comply with the request in the shortest reasonable
time established by the FCC is unlawful.
Opt-out removal language to state the recipient may request that
the sender not send
future unsolicited advertisements to a fax machine or machines, and
failure to comply with the request in the shortest reasonable time
established by the FCC is unlawful.
Opt-out requests must be honored after 30 days, or sooner if the
sender has the capability of removing the number sooner.
Later "invitation or permission" trumps an opt-out.
Proximity Marketing also suggests including the following:
1. Publication name
2. Publication mailing address
3. Signature required field
4. Date required field
5. Company legal statement
6. Develop company-wide standards
Basic Definitions:
Established Business Relationship Defined:
"a prior existing relationship formed by a voluntary two-way
communication with or without an exchange of consideration, on the
basis of an inquiry, application, purchase, or transaction between
the recipient and the sender regarding products or services."
"Unsolicited Advertisement" Defined By FCC:
"any material advertising the commercial availability or quality
of any property, goods, or services which is transmitted to any
person without the person's prior express invitation or permission."
Other important fax provisions of the TCPA include:
•
"Do
not fax" requests: If a recipient requests being removed from
a fax reception list, the sender must promptly comply.
•
Third-party liability for fax services: A company that hires a third
party to broadcast faxes on its behalf remains liable if the third party
sends unsolicited advertisements.
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Damages:
TCPA violators are liable in state court for $500 for each unsolicited
fax, or up to $1,500 for each "intentional" transmission.
Any recipient can file a suit against the sender.
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Email
Compliance (CAN-SPAM):
Every commercial email
MUST contain:
1. Valid headers that do not contain fraudulent elements.
2. A subject line which accurately reflects the content of the email.
3. A "From" line with the name of the sender.
4. Clean and conspicuous notification that the communication is
a promotion within the body of the email.
5. A valid postal address of the sender (and/or advertiser) - no PO Box.
6. A functioning unsubscribe procedure (either via email or Web
page).
• The opt-out requesting recipient must be removed within 10 business days.
• The opt-out email address or Web page must be functional for
30 days after the mailing.
Related Documents/Information:
Proximity Marketing's Overview Presentation on Fax & Email Compliance
[ppt]
Federal Communications
Commission Web Page
Federal Trade Commission Web Page
Proximity Marketing's Clarification Request
ANNOUNCEMENT: US Congress Passes Email Legislation -- Bill [pdf]
ANNOUNCEMENT: FCC Delays Change in Established Business Relationship
Definition
ANNOUNCEMENT: FCC Extends the Effective Date of Amended Fax Advertising
Rules to January 1, 2005
ANNOUNCEMENT: FCC's Rules and Regulations Implementing the Telephone
Consumer Protection Act of 1991
Fax
Best Practices:
What do you need to know about fax?
Using fax as a communications medium can be a very effective
and cost efficient means to reach your readers and advertisers.
Proximity Marketing offers fax design and consultation; however,
if you chose to go it on your own, here are some items you should
consider:
Keep design elements clean and simple.
Font:
Copy font should be clean and uncomplicated. We recommend font sizes
12 point and larger and a font type that is easily readable such
as Arial or Verdana.
Images: Images can
be an effective addition to your fax campaign. Avoid using screened
images and photos. Images should also be saved in a format with
a resolution of at least 300 dpi .
Borders: Be sensitive of elaborate page borders. We recommend
leaving a clean border for accurate and timely transmission.
Be practically and strategically creative.
Creative Copy: Don't underestimate
the power of impacting copy. Spend time developing copy that quickly
states your point and allows your recipients to scan your call to
action.
Long-term Planning:
When conducting a fax campaign, plan for multiple touches to the
recipient. You can maximize your message impact by conducting campaigns
in series rather than treating each campaign as a distinct communication.
If all your recipients do not respond on the first attempt, try
suppressing respondents and resubmitting your message again either
by fax or email.
Think Outside The Box:
Although an overused buzz phrase, taking the time to think outside
the normal fax message can have a significant impact on your response
and brand recognition while enhancing your overall ROI. Proximity
Marketing offers campaign consultation to help you achieve your
creative ambitions.
Target your audience.
Stagger Delivery: Remember
fax numbers are often shared by multiple people at any organization.
Proximity Marketing offers a staggering distribution service which
allows you to specify the number of faxes to deliver to a particular
fax number per day. By utilizing this service, you can help ensure
each recipients message will be treated personally.
Area Code Updating/Non-Deliverable
Files: For each campaign you conduct, you have access to 2 important
data cleansing features, Area Code Updating and Non-Deliverable
Numbers. We recommend merging these files against your existing
distribution list to help ensure file accuracy and deliverability.
Campaign
Split Testing: How can you ensure
you are reaching your audience with the right message? Conduct campaign
split testing. Testing can be performed on a variety of variables
including differing designs.
Develop Company-wide Standards.
TCPA
Law Requirements: The TCPA requirements
are listed above. Be sure to incorporate these recommendations for
each campaign.
Removal Requests: Make removal
requests a corporate priority and be sure to treat each request
for removal promptly and organizationally. Create a holistic suppression
list that is accessible prior to each broadcast.
Complaint Management: To avoid any unnecessary legal disruptions,
be sure to have an appointed person and process to handle fax complaints.
Email
Best Practices:
What do you need to know about email?
Advice for crafting your email marketing program is almost everywhere
these days. The key is finding quality information from qualified
resources. Below are some helpful tips that we have collected from
our years of experience with working with publishing professionals.
We also encourage you to read the Thoughtful Articles page in the
Resource Center where we post insightful articles.
Click here to download a complimentary white paper
entitled "Email Marketers Biggest Blunder: Generalizations and
Assumptions"
Create responsible messaging.
Technical Restraints: Consider
the recipient who is receiving your message over a slow speed connection.
Graphics should be less than 40k in file size, and the viewing parameters
should be no larger than 600 pixels wide and 400 pixels long.
Appropriate Graphics: Chose
graphics that compliment your message not cause an incidental deletion.
Avoid graphics that may appear "Spam-like" and distract
from your intended message.
Make responding easy.
Links: If
your intent is to have your recipient click away from the message
to another page, be sure to expose the full url of the link somewhere
within the body of the outgoing message. Differing email applications
may treat text hyperlinking and buttons differently, so by exposing
the complete url, you help ensure your recipient will be able to perform
the task requested.
Call to Action: Place the
call to action above the fold and include multiple chances to respond
throughout your message.
Text Version: Some of your
recipients will not be able to receive HTML messages, but instead
will receive a text version of your message. Although formatting is
limited in the text version, carefully consider the elements you are
able to manipulate like the messaging and spacing.
Alternative Methods: Include
your full contact information within the body message. By providing
alternative methods of contact, you help ensure recipients can complete
the task you require.
Develop a winning campaign.
Your Audience: Understanding
your audience is the single most important attribute in the success
of your campaign. By understanding the behavioral characteristics
and email viewing habits of the recipient, you will be able to develop
a campaign with maximum results.
Spam Filters:
Corporate spam filters greatly vary from organization to organization;
however, by taking some simple precautions, you can help ensure deliverability.
Carefully consider your subject and from lines and avoid words such
as FREE, ! or words in ALL CAPS.
Open Rates: A recipient decides
to open or delete your message in period of seconds. By carefully
choosing appropriate subject and from lines, you can help ensure relevancy,
interest and confidence to your recipient that the message is one
they should open. Aim to create a logical - sender connection and
position your impact words at he beginning of the subject line.
Personalization: Consider
personalizing your message with items specific to the recipient such
as the recipients name or company name. Many times, the creative
addition of personalization can be the attraction that convinces your customer
to read your message and take action.
Alternative Creativity:
Make your message more than simply a form of communication - make
it a campaign. By establishing a consistent theme, your recipients
may be more likely to draw upon historical reference to make decisions
in future campaigns. Additionally, email marketing allows you a vast
opportunity for creativity and ingenuity as well as interactive and
dynamic brand promotion.
Strategically conduct the campaign from start to finish.
Test, Test, Test:
As with fax, testing your messages is critical in learning about your
recipients and their communications preferences. Take full advantage
of the efficiencies email marketing allows, and test your assumptions
to generate factual customer data.
Link Tracking: Proximity Marketing's
Link Tracking system allows you to gain valuable information regarding
your recipients and their email viewing habits. This information can
be used to further fine tune your campaigns as well as interact with
your loyal readers.
Trend Analysis: Enhance your
current campaign by utilizing detailed analysis reports generated by
Proximity Marketing's Trend Analyzer reporting tool. Examine your patterns in response, delivery
and opt-outs. This information will be valuable for counteracting
potential negative future outcomes.
Legal Musts:
Please refer to the CAN-SPAM Compliance Guidance section above to
help ensure your campaigns fulfill the federal standards. |
