How to Create the Perfect Lead Magnet that Won't Hurt Your Deliverability
Think the FTC and DOJ won't come after you if you violate CAN-SPAM? Think again. Experian's ConsumerInfo.com just got a rude awakening: you actually do have to comply with CAN-SPAM, or the FTC and DOJ will come after you - and win.
How to Create the Perfect Lead Magnet that Won't Hurt Your Deliverability
You may have heard of Charlie Javice and her now-defunct company Frank, as they have been in the news a lot lately. But in case you haven't heard of Charlie Javice, she, through her company Frank, it is alleged, conspired to fleece J.P. Morgan Chase (JPMC) out of millions of dollars by perpetrating a fraud whereby they fabricated a user list of millions of people, including email addresses, and then used that to entice JPMC to acquire them. Here's how they did it, what happened next, and how they were brought down and are now facing criminal charges.
How to Create the Perfect Lead Magnet that Won't Hurt Your Deliverability
New data privacy laws in Tennessee, Indiana, Montana, and Iowa put these states on par with Connecticut, Colorado, Virginia, Utah and Texas; all of them have new data privacy laws which, among other things, require affirmative opt-in and consent before you can use someone's email address, such as adding it to a mailing list or using it for targeted advertising. It's important to understand that this doesn't just apply to businesses which are headquartered in those states; in at least some of these states their law also applies to anyone doing business with someone in their state.
How to Create the Perfect Lead Magnet that Won't Hurt Your Deliverability
Texas has passed their HB 4, joining a growing list of states which have passed their own data privacy laws, laws which impact email and email marketing, among other things. The new Texas law goes into effect on July 1, 2024, and affects any business which either is in Texas, or which does business with individuals who reside within Texas. It is also very strict on email address collection, email use, and email marketing, and among other things it requires consent before you do nearly anything non-transactional with someone's email address. We break it down for you here.
The Value of a Political Email List: Ready for Ron (RFR) versus the FEC Court opinion
Just when you thought it was safe to turn your back on political email skirmishes, Ready for Ron (RFR) challenges the Federal Elections Commission (FEC) in Federal court over not being allowed to give a list chock full of email addresses to a candidate. Now before you get excited to imagine that the FEC and the court cared even a tiny bit about the privacy of the email addresses, they didn't. What they cared about, and what the FEC opinion letter and subsequent case turned on, is the value of an email address or, more precisely, the value of a list of contact information of 200,000 people, including email addresses. And both the FEC and the court cared enough to hold that the value of that list exceeds the maximum allowed contribution to a candidate by a single entity.
How to Create the Perfect Lead Magnet that Won't Hurt Your Deliverability
So you want to be (or are) an SMS Marketer. As you navigate the ever-changing landscape of digital marketing, it's crucial to understand the SMS marketing legal landscape and SMS marketing laws and best practices. One key thing that SMS marketers in the U.S. often overlook, but which actually requires your attention, is the Federal Do Not Call (DNC) list. The thing is, checking the DNC list is not only essential (in fact required by law), but it can actually increase your ROI, and benefit your customers and your business! Here's how.
How to Create the Perfect Lead Magnet that Won't Hurt Your Deliverability
Here's a random question that we were asked "We just got an email with an unsubscribe link going to kmail-lists.com; who is behind kmail-lists?" It turns out that it's pretty hard for at least the average person to figure out who is responsible for the kmail-lists.com domain; the ESP behind kmail-lists.com is Klaviyo, who is an ESP for primarily B2C businesses, in fact they are a primary competitor to Shopify, who used to dominate the B2C ('business to consumer') and D2C 'direct to consumer') ESP space.
How to Create the Perfect Lead Magnet that Won't Hurt Your Deliverability
Microsoft will start honoring p=reject DMARC policies for incoming email which does not pass a DMARC check when the associated DMARC record designates a policy of p=reject. This affects inbound messages at Microsoft Outlook email addresses, Microsoft Hotmail email addresses, Microsoft Live email addresses, and MSN email addresses.
How to Create the Perfect Lead Magnet that Won't Hurt Your Deliverability
Not confirming email addresses can put your customer in physical danger, and can cause you legal liability if they are harmed. We've written before about how not confirming email addresses can potentially create real-world, real legal liability, because in certain settings, and particulately in ecommerce, it can actually lead to your customer suffering physical harm; maybe even death.
How to Create the Perfect Lead Magnet that Won't Hurt Your Deliverability
There is a lot of confusion over what exactly qualifies as "legitimate interest" under GDPR. Additionally, you may be wondering whether GDPR governs the handling of personal data which you collected before GDPR went into effect and, if so, whether you can keep it under the legitimate interest test. The answer is both 'yes' and 'no'. Below we talk about the legitimate interest test generally, and how it applies to data acquired before GDPR went into effect. We also include information about how to obtain the model legitimate interest assessment (LIA) template which has been developed by a GDPR expert and which we have been given permission to share.

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