As marketers, we utilize email as an effective and affordable method of promoting our products and services. And, while we all hope that our mailing list subscribers will remain with us indefinitely, that doesn’t always happen.

What you may not know about “releasing” those customers who want to opt out could hurt you.

Okay, let’s review.

For example, if your email solicitations claim that subscribers may opt-out of receiving future messages by following simple removal instructions, such as “click here to unsubscribe” or “reply for removal,” then the removal options must function as you claim. That means any hyperlinks in the email message must be active and the unsubscribe process must work. With me so far?

A few other points to keep in mind:

• You should review the removal claims made in your email solicitations, and make sure that you are complying with any representations that you make.

• If you provide consumers a hyperlink for removal, then that hyperlink should be accessible. No fair providing a dead link that goes to the Twilight Zone. The address you provide should be functioning properly, and be capable of processing removal requests (either on an automated basis, or by good old fashioned manual labor).
• If you are using a third-party service to handle your bulk email campaigns, the service should handle all requests in a timely and effective manner. These services generally do a great job of processing requests on an automated basis, but accidents do happen. It doesn’t hurt to double check to make sure removal requests are processed.

• You should employ systems or safeguards to prevent removed addresses from remaining on your list (i.e. duplicate listings, etc). Nothing is more annoying (and can lead to a complaint faster) than receiving another solicitation email after you’ve requested to be removed.

The Federal Trade Commission prohibits unfair or deceptive advertising in any medium, including in email. Meaning, your advertising must tell the truth and not mislead consumers. (Again, this should be obvious, but if not, you can’t say you weren’t warned…).

One important final point — to err is human, to omit information is grounds for a claim. A claim can be considered misleading if it implies something that’s not true or if it omits information. If your site has disclaimers or disclosures (about amount of money to be made, for example), that information must be clear and conspicuous. The consumer must be able to notice, as well as read the information. While simply having a disclosure or disclaimer won’t absolve you if a claim is filed against you, it is a good practice to employ one.

Speaking of fine print, MousePrint.org is a site that exposes the strings and catches that are buried in the fine print. Let is suffice to say that this is one place that you DON’T want your site listed.

The FTC works with consumers to prevent fraudulent, deceptive, and unfair business practices in the marketplace and to provide information to help consumers spot, stop, and avoid them. To familiarize yourself with the guidelines in place, visit the FTC website at http://ftc.gov.

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