The Blank______ forbids phone solicitation using an automatic telephone dialing system or a prerecorded voice and also makes it illegal to transmit advertisements by fax unless the recipient agrees to the fax transmission.Multiple choice question.Can-Spam ActTruth in Lending ActFederal Trade Commission ActTelephone Consumer Protection Act
Question
The Blank______ forbids phone solicitation using an automatic telephone dialing system or a prerecorded voice and also makes it illegal to transmit advertisements by fax unless the recipient agrees to the fax transmission.Multiple choice question.Can-Spam ActTruth in Lending ActFederal Trade Commission ActTelephone Consumer Protection Act
Solution
The correct answer is the Telephone Consumer Protection Act. This law prohibits phone solicitation using an automatic telephone dialing system or a prerecorded voice. It also makes it illegal to transmit advertisements by fax unless the recipient agrees to the fax transmission.
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Section 4Avoiding Spam FiltersThe U.S. Congress passed the CAN-SPAM (Controlling the Assault of Non-Solicited Pornography and Marketing) Act in 2003, which details the law governing email marketing communications. As many in the industry predicted, the law had almost no effect, because the Act provided no funding for enforcement, leading industry cynics to remark that the CAN-SPAM Act meant that you “can spam” all you want. Yet nowadays, almost all successful email marketers large and small comply with this law, not because of the law itself, but because of the increasing success of spam filters. Spam filters use highly sophisticated methods for discovering which companies are using illicit practices in any part of their email marketing. They then block these senders, resulting in a much lower delivery rate for spam now than in 2003.Getting caught in spam filters is death to an email marketing campaign. Email marketers should abide by the highest standards to ensure that policing agencies never suspect the company of engaging in spam-like practices. Below we list good email marketing standards with a brief explanation of why they are important.Clean the Email ListA good email marketer should be paying attention to actions from members of the email list. Responses to emails should form the basis for segmentation of the email list and content creation of future emails. Email marketers should also pay attention to bounces, which are emails that are sent out by the company but do not reach the destination in-box.Hard Bounces. A hard bounce indicates the email address is fake. This email address should be removed immediately from the list.Soft Bounces. Soft bounces typically indicate the email in-box is full. This email address should be removed from the list after several soft bounces in a row (typically four or more).Non-Opening. If a recipient has not opened a company’s email in several months, that email should be removed from the list. One trick spam filters use to discover spam emailers is to take over defunct email addresses (addresses that used to be owned by a real user but are no longer in use) and find which companies continue to send emails to inactive email addresses. Sending emails to inactive email addresses will also result in the company’s emails being blocked, so email addresses that do not open the company’s emails should be removed.Use Double Opt-InThe first line of defense against spam filters is a clean list of email addresses pertaining to (1) real people who (2) do not mark a company’s emails as spam or junk and (3) regularly open those emails. Single opt-in lists can sometimes lead to fake email addresses being added to a company’s email list. For example, if an offline retailer like Nordstrom or Express asks its shoppers for their email addresses, consumers may respond with a fake email address, or worse yet, store managers may add fake email addresses to fill their store quota. Sending an email to a fake email address results in a hard bounce. Spam filters pay attention to the bounce rate of bulk emails from companies, so having a high bounce rate due to fake email addresses will very quickly get that company’s emails blocked by spam filters.Spam filters also block emails if many receivers mark a sender’s email as spam. This is much less likely to happen under a double opt-in email policy, so double opt-in also protects against this cause of being blocked.Despite the advantages of double opt-in over single opt-in, Mailchimp began allowing single opt-in email list building in late 2017. The increased sophistication of spam filters means that the abuse that used to be caused by single opt-in emails is no longer a large problem. However, any company that is concerned with possible spam filter penalties (due to a history of poor email practices, for example) should use double opt-in.Provide an Unsubscribe in Every EmailIf a member of an email list decides she no longer wishes to receive emails from a company, that company should make sure she can easily unsubscribe. Otherwise, she is likely to mark that company’s email as junk instead, which is a much worse outcome. The unsubscribe button or link should be very easy to find. Many email professionals recommend putting the unsubscribe link at the top of the email as further protection against being marked as spam, though an unsubscribe link at the bottom of the email is probably sufficient. A company may collect some limited additional information on the unsubscribe landing page or help customers stay on the list for a more limited set of emails. For example, it may ask them why they are unsubscribing, and it may provide additional subscription options, such as signing up for emails only on specific topics or for a lower frequency.Comply Immediately with Unsubscribe RequestsSome companies wait a week or 10 days to comply with unsubscribe requests. In this day of modern technology, making an electronic unsubscribe request take place on an electronic database immediately should be easy for any competent database manager. Most email marketing software packages take care of unsubscribes automatically.
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