How to Legally Send Newsletters: A Guide for the Business Owner

Hi there, dreamers & dynamos,

Welcome to Legally Sending Newsletters 101.

You know that you should be nurturing an email list, but are you worried about how to legally send newsletters? I got you!

I see you, The small business guru in the corner gnawing on your pen and stressing about how to supercharge your brand. Put the pen down (it probably doesn’t taste that great) and pay attention! I've got a secret for you, an ace up my sleeve... email marketing. "What? Isn't that outdated?" I hear you murmur under your breath. Well, let me tell you, my friend, email marketing is the marketing world's best-kept no-so-secret-secret!

You see, using newsletters containing promotions, updates, and tips to grow your business is like greasing the wheels of your bicycle before a downhill race. It smooths out the bumps, amplifies your efforts, and helps you connect with your audience on a whole new level! It's the marketing equivalent of having your cake and eating it too (and who doesn't like cake?).

But there's a catch: you can't just go hurling your newsletters into inboxes willy-nilly. There are rules, my friend, rules! (I know, pesky little things, aren’t they? Stick with me, though, they’re crucial but we will get you clear on how easily you can legally send newsletters.)

Take, for example, the CAN-SPAM Act of 2003 and our friend across the pond, the EU's GDPR—acronyms that may sound like the names of alien civilizations, but in fact, they're here to protect businesses and customers alike.

Now, don’t make that face! It’s not as complicated as it sounds to legally send newsletters. Let’s breeze through this together, shall we?

1. Include an "Unsubscribe" Option:

Ever got an unexpected guest for dinner and wished you could use the "unsubscribe" button on them? We’ve been there! Well, your audience feels the same about unsolicited emails. Always include an "unsubscribe" link or button in each newsletter. And give them a hint, a nod, a wink, about why they’re receiving the newsletter. Perhaps they signed up for a freebie, or you’ve worked together in the past. It's a smart idea to include a section, in every newsletter, that says

"You're receiving this email because XYZ. Don't want to hear from me anymore? You can unsubscribe by clicking this link." This adds context and keeps your relationship with them transparent. This sort of context summary is not required to legally send newsletters, but I think including it makes you a smart cookie.

But don't let unsubscribe be wasted.

Hey, breaking up is tough, no doubt about it. But, let's face it: people wave the "unsubscribe" flag for all sorts of reasons. Wanna turn those parting moments into golden nuggets of wisdom? I've got just the trick.

When subscribers click that dreaded "unsubscribe" button like they're trying to escape a haunted house, lead them to a fancy-schmancy landing page. There, they can pour their hearts out and tell you why they're hitting the road.

Maybe they've had enough of your weekly "your horoscope in emojis" newsletters? (No judgment, I'd choose the moon-mortar-coffee constellation myself). Tracking these reasons can be pure gold for a business owner.

Channel your inner Sherlock Holmes and gather evidence:

• Are you coming off too strong? (We've all been there, too many emails, too little time).

• Is your content missing the mark? (Like sending vegan recipes to a steakhouse)

• Any other mysterious reasons? (Time to make like Scooby-Doo and...unmask the unsubscribe villain!)

So, dust yourself off and turn these breakups into learning experiences. Take that feedback and use it as rocket fuel to make your newsletters better than ever! 

2. Show Them Where You Live (Business-wise, of course):

Remember when mom told you not to talk to strangers online? It applies to your business too. Readers need to not only feel like they know you, they need to actually know where your business lives. The US CAN-SPAM Act and UK's PERC both require that you provide contact details in your newsletters and an e-mail address is not enough. You MUST include your legitimate business mailing address in your newsletters. Worried about privacy? Get a PO Box. It’s like your own little secret hideout for your business. Plus, it keeps you separate from your business for liability reasons. Win-win! 

And, word to the wise, don't be tempted to try a fake mailing address that's a violation of US CAN-SPAM Act.

3. A Footer to Remember:

Imagine sending an invite without your name? Imagine the confusion! 😂 The same applies to your newsletters. Include your Business Name and Entity in the email footer. This is key because it makes it clear that this email is coming from you-the-business and not you-the-person. That's a key distinction we want to keep clear to protect you-the-person from liability. Treat it like your business signature - distinct, memorable, and unavoidable! 

4. Keep It Consensual:

Before sliding into their DMs – well, inboxes, actually – make sure you have their consent! It’s not just being polite; it’s law. One way to do this is to add an unchecked subscription box to your forms. So, when people reach out to you, they can choose if they also want to sign up for your newsletter. Note: to stay legal the box needs to be unchecked, the user must affirmatively opt-in. You can't pre-check the box and hope that they don't uncheck it, sorry! 

Try this: Use an Opt-in Popup Form (It's like a friendly tap on the shoulder!)

Ever wished you had a way to not-so-subtly slide your newsletter invite in front of your audience? Say hello to opt-in popup forms!  They're super-effective party crashers that make growing your email list a whole lot easier.

Got a website powered by WordPress, Squarespace, Showit or similar platforms? Piece of cake! Add a slick opt-in popup plugin, and you'll have your site visitors' eyes popping at an attractive form to capture their precious emails. 

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"But how?", you ask? Brew another cup of coffee, and let's dive in :

• Wait for them to reach the end of a page (Like a spy)

• Time it! Let it pop after they spend a certain time on your site

• Catch them just before they bounce (Like a ninja)

• Wait for them to click specific links (Oh, the suspense!)

Boom! The popup appears, looking tempting like a plate of fresh cookies . Offer your visitors a sweet deal: exclusive discounts, insider news, or whatever tickles their fancy! Make it extra irresistible with a lead magnet (Who doesn't love a good magnet? ).

Now you've got a cool way to get consent, grow your subscriber list, and make your audience feel special! Isn't that just the bee's knees? 

Remember, this is your journey to cultivate trust with your audience – don’t jeopardize it by adding them to your email list just because they sent a message urging you to bring back the caramel latte to your café. Doing so might get you a one-way ticket to "spamville" instead of spotlight town. Always remember, consent is sacrosanct. 

Conclusion: How to legally send newsletters

Phew, that was a lot, right? But hey! We've got this covered. Together, we can navigate these rules, grow your email list, and rocket that business of yours to new heights! Let’s take over the world, one newsletter at a time!

THIS ARTICLE IS NOT A SUBSTITUTE FOR LEGAL ADVICE AND IS OFFERED FOR INFORMATIONAL PURPOSES ONLY. EVERY SITUATION IS UNIQUE AND YOU SHOULD CONSULT A LOCAL ATTORNEY FOR ADVICE ON YOUR PARTICULAR CIRCUMSTANCES.