As every email marketer knows, email forwarders are very valuable customers. Every email marketer also knows that email forwarders are few and far between. Attempting to change that, I was recently brainstorming ways to get our subscribers to use the forward to a friend feature in our email campaigns. Specifically, when they sign up and receive our Welcome email.
There are several ways to do this, but nearly all include providing some type of incentive to encourage the subscriber to forward an email. Whether it be entries into a contest, a discount on a purchase, or even loyalty points. This is where my fun came to a screeching halt…
I was planning something illegal, and it felt great, I mean, I had to go back to the drawing board. Listen carefully! According the Can-Spam Act revision of May ‘08, if you are running a forward to a friend campaign, I am willing to bet you are in violation of the Can-Spam Act. According to the new law Brands doing forward to a friend campaigns – where participants are rewarded or incentivized – must adhere to these new rules.
“Under the new rules, an advertiser is considered the ‘sender’ of the forwarded email, and thus responsible for scrubbing the friend’s name against its ‘Do Not Email’ list and ensuring that the forwarded message has a functioning opt-out mechanism – among other requirements,” says Terri Seligman, Partner, Loeb & Loeb, LLP. “However, in contrast to the FTC’s earlier proposed rules, the final rule acknowledges that simply encouraging consumers to forward a message, without [incentives or rewards], does not subject the advertiser to ‘sender’ liability under CAN-SPAM.”
-MarketingSherpa
That excerpt seems simple enough, “hey my program allows people to unsubscribe.” Not so fast, this is tricky because I guarantee your email program doesn’t allow the “fowardee” to unsubscribe without custom modification and API calls. The reason behind this is because of the original Can-Spam Act where a marketer is not allowed to capture any email address from a Forward to a Friend mechanism without the “forwardee” explicitly opting in, therefore, you cannot place the “forwardee” on a list to unsubscribe from.
Okay, settle down…you can still create Forward to a Friend incentive campaigns with some API work. All you need to do is place a custom unsubscribe link in the forwarded email. Once clicked, this link will then add the “forwardee” to your email database and unsubscribe them. Simple enough, but make sure the email still has the aforementioned compliance in place.
Too many words, need a synopsis?
Here’s what you need to be aware of with your forward to a friend viral campaign:
- You are now considered the sender of a forwarded email
- The forwarded email must be scrubbed against your unsubscribes before being sent
- The forwarded email must have your physical address
- The forwarded email must allow the “forwardee” a mechanism to unsubscribe
I leave you with this one piece of advice, like all things viral, make sure you are protected :)
We are now in a recession, everyone is worried about their jobs. How do I know? Because my inbox is loaded up with marketing. It seems as if the stock market bombs, my inbox skyrockets. The chart to the left is a scientific graphic displaying my inbox (in black) vs. the stock market (in gray).
“Second isn’t so bad…as long as I can have first place too.” As quoted by the Google logo itself. ComScore just released the