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"Remove Me" Responses and Responsibilities:
Email Marketers Must Honor "Unsubscribe" Claims

Some marketers send spam email, phishing scams, and email fraud as a quick and cheap way to promote their goods and services and people have to use free spam filter add-ons for Outlook Express or an Outlook spam filter to keep them out of their inbox. Be aware that the claims that you make in any advertisement for your products or services, including those sent by email, must be truthful. This means that you must honor any promises you make to remove consumers from email mailing lists. Some free spam filter add-ons for Outlook Express can catch the messages that are not truthful.

If your email solicitations claim that consumers can opt-out of getting future messages by following your removal instructions, such as "click here to unsubscribe" or "reply for removal," then the removal options must act as you claim or they will be blocked by a lot of free Outlook Express spam blockers. That means any hyperlinks in the email message must be active and the unsubscribe process must work. If not, most free spam filter add-ons for Outlook Express and anti-spam software for Outlook can find them and mark them as spam. Keep in mind:

  • You should go over the removal claims made in your email solicitations to make sure that you are complying with any representations that you make.
  • If you provide consumers a hyperlink for removal, then that hyperlink is accessible by consumers.
  • If you provide an email address for removal, then that address is functioning and capable of getting removal requests. It may be deceptive to claim that consumers can "unsubscribe" by responding to a "dead" email address.
  • Any system in place to handle unsubscribe requests should process those requests in an effective manner.

The Federal Trade Commission Act bans unfair or deceptive advertising in any medium, including in email. That is, advertising must tell the truth and not mislead consumers or they will be filtered out by free spam filter add-ons for Outlook Express or a good Microsoft Outlook spam filter that uses CRM114 technology. A claim can be misleading if it hints at something that's not true or if it omits information necessary to keep the claims from bring misleading.

Other points to think about if you market through commercial email:

  • Disclaimers and disclosures must be clear and conspicuous. That is, consumers must be able to notice, read or hear, and understand the information. Still, a disclaimer or disclosure alone usually is not enough to remedy a false or deceptive claim.
  • If you promised refunds to dissatisfied customers, you must make them.
  • Keep in mind that if you send out spam, people will use free spam filter add-ons for Outlook Express that use Naive Bayesian filtering to stop them.

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Although we do our best to provide our users with useful and accurate information on our web site, we do not update this information which is derived from sources believed to be accurate. Users must understand that information presented does not serve as an endorsement of any particular company or individual and that this information changes frequently and is subject to differing interpretations. Users are hereby advised that they are responsible for ensuring that the facts and general advice obtained from our site are applicable to their specific situations and should discuss their specific tax, business, financial, and legal matters with pertinent professionals.

 

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