You heard the message before.  Your e-mail list is the most 
important key to your future online success.  The best list 
is a highly targeted and responsive opt--in list.  At present, 
the single opt--in method is the preferred approach to building 
a list.  However, Internet promoting considerations suggest 
the list owner should use the double opt--in or confirmation 
method to build a list.  What is the right method for you?

Opt--In Process
----------------- 

The opt--in process means that an individual has requested to 
be on your mailing list before you a^dd them.  At the same time, 
the individual must be given the ability to opt--out (unsubscribe) 
from your mailing list at any time.

In the single opt--in method, an individual registers to join 
your e-mail list by submitting their name and e-mail a^ddress.  
As a result, the individual is giving you their permission to 
send them e-mail messages that promote specific products and 
services or discuss specific topics.   

In the double opt--in or confirmation method, an individual 
registers to join your e-mail list in the same manner as the 
single opt--in method.  In response, the individual receives 
an e-mail from you to confirm their e-mail a^ddress.  Upon 
receipt of the confirmation e-mail, you a^dd the individual 
to your mailing list.  If the confirmation e-mail reply is not 
received, do not a^dd the individual to your list.  However, 
you may want to follow-up with the non-confirming individuals 
and give them another chance to confirm.

Autoresponder
------------------ 

Your autoresponder should have the capability to implement the 
double opt--in method.  If not, you can setup one very easily.  
Set up two separate campaigns in your autoresponder (let’s call 
them "A" and "B").  Campaign "A" receives the initial single 
opt--in request from your visitor.  In turn, the message from 
campaign "A" contains a link the subscriber clicks to send a 
confirmation e-mail to campaign "B."  The "blank" e-mail sent 
to campaign "B" is from the subscriber’s "default" e-mail system 
containing their confirming name and e-mail a^ddress.    

Subscriber Relationship
---------------------------- 

To be successful in e-mail promotions, you must build a personal 
one-on-one relationship with your prospects or clients.  The 
success in your online mark^eting hinges on maintaining and 
building this personal relationship.  As the list owner, you 
need to establish the initial relationship by: 

  * Obtaining permission from your subscribers to send them 
promotional messages and other types of useful information 

  * Practicing respect for the privacy of your subscribers.  

Implicit Opt--In
-------------------- 

An implicit opt--in situation may exist as the result of 
permission that is not granted but is derived from another 
relationship.  An example would be when an individual has 
previously purchased from you.  In this situation, you may be 
able to send limited but unsolicited e-mails to that individual 
under this pre-existing relationship.  However, this level of 
implied permission must never be exceeded without the expressed 
consent of the individual.

Considerations
------------------ 

As a list owner, you work hard to drive traffic to your web 
site and get subscribers to join your list.  Individuals respond 
and decide to join your list.  They submit their name and e-mail 
a^ddress.  Great!  All that hard work of publishing a newsletter, 
writing ezine articles and promoting is finally paying off.  You 
have genuine subscribers.  Or do you?  

As it turns out, some of these new subscribers did not sign-up 
on your mailing list, do not want to receive your mark^eting 
messages or forgot they signed up.  You run the risk of getting 
sp^am complaints when you send e-mail messages to this group of 
individuals.  This can be a serious problem to your online 
business.  Open your e-mail and look at the flood of unwanted 
messages.  Scan and listen to the media reports.  Sp^am is a 
continuing problem.    

MessageLabs, a provider of e-mail security services, monitors 
e-mail messages on a worldwide basis.  Out of 157 million 
e-mails tracked in July 2003, they reported that 80 million 
e-mails were sp^am.  That’s a 51 percent sp^am rate.  In 
December 2003, MessageLabs reported a 77 percent increase in 
year-to-year sp^am volume.  These numbers are incredible.

It is very important that you get your e-mail messages into the 
hands of individuals that want to receive your messages.  As a 
result, the normal single opt--in may no longer be sufficient.  
Consider the double opt--in method as an alternate approach.  
Look at the pros and cons of each approach to find out what is 
right for you.

Single Opt--In Discussion
-------------------------------- 

An argument in favor of single opt--in states it is simpler to 
subscribe to a single opt--in list than the double opt--in list.  
Even though the single opt--in method has more un-subscribes, 
the net number of subscribers is generally higher than with the 
double opt--in method.

An argument against the single opt--in method states that new 
subscribers may be:

  * Tire kickers only looking for the fr^ee bonus,
  * Not really interested in your mark^eting efforts,
  * Can not remember signing-up, 
  * Did not sign-up due to someone else signing them up or 
  * There was a typographical mistake in the sign-up process.  

How many of the single opt--in subscribers fall into this 
"problem" category?  Depending on the reporting source it 
ranges from 0 to 30 percent.  Malice or typo mistakes can be 
mitigated in the confirmation process if the recipient does 
not confirm.  As a result, you will probably lose these people 
in short order through the unsubscribe process.  However, the 
most serious consequence is the sp^am complaint.  This can 
cause you significant grief and wasted time defending yourself 
against the ISP that wants to shut you down.

Double Opt--In Discussion
--------------------------------- 

Depending on your situation, you may need or want to start using 
the double opt--in method.  This does not mean you trash all 
your current single opt--in subscribers and ask them to double 
opt--in.  You should be able to continue your e-mail mark^eting 
to these individuals if you have a healthy business relationship 
with them.  Consider the double opt--in method if you are in the 
early stages of building your list or want to increase your 
existing list.

The double opt--in method may be your best solution to the 
problem of single opt--in subscribers that don’t want to be on 
your mailing list.  The confirmation process is your protection 
against individuals claiming you are sending them unsolicited 
e-mail.  The double opt--in method establishes that: 

  * The e-mail a^ddress is good.
  * The responder is the owner of the e-mail a^ddress. 
  * The responder wants to join your mailing list. 

Some significant reasons to use double opt--in include: 

  * To attract interested and responsive subscribers in your 
     targeted niche.
  * Improve the chances your subscribers will see your message.
  * A^dvertisers will place a higher value on your receptive 
     subscriber list.
  * Ability to more effectively market your products and services 
     to your list.
  * Documented proof that subscribers requested to be on your 
     mailing list.
  * Reduce the probability your ISP will shut you down due to 
     a sp^am complaint.

An argument against double opt--in is that the number of 
individuals completing the confirmation stage is lower than 
those signing-up in the initial subscription stage.  This is 
usually due to: 

  * Faulty typing by the subscriber.
  * Malice by the subscriber.
  * Problem with input processing at the point of sign-up.
  * Wrong or incomplete information at sign-up becomes a 
     surprise during confirmation.
  * The request for confirmation looks like a legal document.  

As a result, it should be expected that the recipient will 
not complete the confirmation phase.  The list operator should 
make the confirmation request as short and simple as possible.

CAN-SPAM Act of 2003
------------------------------- 

The CAN-SPAM (‘Controlling the Assault of Non-Solicited 
Pornography and Marketing’) Act of 2003 took effect January 1, 
2004.

I am not a lawyer.  Consult your lawyer to learn about this 
new law.  You can view the law text at website ‘thomas.loc.gov” 
(search: S.877.ENR).   

Among other requirements, the Act requires that every commercial 
e-mail message must:

  * Provide a clear and conspicuous notice that it is an 
     advertisement or solicitation (not required if the 
     recipient had previously given affirmative consent to 
     receive the commercial e-mail message).  

  * Provide recipients with the ability to “decline to receive 
     additional commercial e-mail from the same source” (i.e., 
     opt--out).
  
  * Provide the sender’s valid physical postal address.

Conclusion
-------------- 

Before I reviewed the CAN-SPAM Act, I concluded there is no easy 
solution to the opt--in issue.  As the marketer, you should weigh 
the pros and cons of each opt--in method, perform tests on each 
method and then select the method that is right for your business.

However, the new law lets me restate this conclusion.  If not 
followed, the provisions contained in the new law could seriously 
hurt you as an Internet business owner.  You could be exposing 
yourself to unnecessary liability risks if you use or continue to 
use the single opt--in method to conduct your business.  

In conclusion, use the double opt--in (confirmation) method and 
adhere to all the provisions in the new CAN-SPAM law.