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2. Can Spam Act of 2003 Update Relevant Personalized Anticipated www.CustomerParadigm.com

3. Copyright © 2004 Customer Paradigm, All Rights Reserved.Permission Based Email Marketing 3 Background Relevant Personalized Anticipated Why the Act? Success of Do Not Call List Pending CA Legislation Congress could take credit for reducing spam

4. Attention is an asset Attention is an Asset

5. Copyright © 2004 Customer Paradigm, All Rights Reserved.Permission Based Email Marketing 5 Distraction Marketing Relevant Personalized Anticipated

6. Copyright © 2004 Customer Paradigm, All Rights Reserved.Permission Based Email Marketing 6 Penalties / Fines Relevant Personalized Anticipated FTC: 5 years jail for repeat offenders who also commit a felony 3 years for first time offenders

7. Copyright © 2004 Customer Paradigm, All Rights Reserved.Permission Based Email Marketing 7 Can Spam Penalties Relevant Personalized Anticipated State Attorney’s General: $250 / message, up to $2 million ISPs: Actual loss (or) $25 - $100 per email

8. Copyright © 2004 Customer Paradigm, All Rights Reserved.Permission Based Email Marketing 8 Types of Messages Relevant Personalized Anticipated Relationship / Transactional: Complete Purchase Warranty / Upgrade / Recall Safety / Security of product Change in Service Account Balance

9. Copyright © 2004 Customer Paradigm, All Rights Reserved.Permission Based Email Marketing 9 If Relationship / Transactional… Relevant Personalized Anticipated Then don’t use: False headers Misleading Subject lines False FROM email adddress Incorrect domain reg. info

10. Copyright © 2004 Customer Paradigm, All Rights Reserved.Permission Based Email Marketing 10 Types of Messages Relevant Personalized Anticipated Commercial Messages: “Primary Purpose to promote a product, service or website run for commercial purpose”  “Primary Purpose” clause

11. Copyright © 2004 Customer Paradigm, All Rights Reserved.Permission Based Email Marketing 11 If a Commercial Message… Relevant Personalized Anticipated MUST have valid Opt-Out: Reply-to Unsubscribe Link to Unsubscribe Page Valid Postal Address Must process within 10 days

12. Copyright © 2004 Customer Paradigm, All Rights Reserved.Permission Based Email Marketing 12 If a Commercial Message… Relevant Personalized Anticipated MUST have functioning return email address: Must work for 30 days Storage Requirements

13. Copyright © 2004 Customer Paradigm, All Rights Reserved.Permission Based Email Marketing 13 If a Commercial Message… Relevant Personalized Anticipated MUST not use open relay or outbound mail server w/o permission. (And you must not have a website / server with an open mail relay)

14. Copyright © 2004 Customer Paradigm, All Rights Reserved.Permission Based Email Marketing 14 If a Commercial Message… Relevant Personalized Anticipated MUST not use lists that were… Harvested Randomly Generated Dictionary Attack You bought on a CD for $50

15. Copyright © 2004 Customer Paradigm, All Rights Reserved.Permission Based Email Marketing 15 If you’re renting your list… Relevant Personalized Anticipated MUST not sell your list if privacy policy says you won’t.  Strong FTC enforcement for violations  Don’t paint yourself into a privacy corner

16. Copyright © 2004 Customer Paradigm, All Rights Reserved.Permission Based Email Marketing 16 If you’re renting someone else’s list… Relevant Personalized Anticipated Provide them with your suppression list of opt-outs from Jan. 1, 2004 forward Can’t knowingly promote your product / service / site using non-Can Spam Act compliant means

17. Copyright © 2004 Customer Paradigm, All Rights Reserved.Permission Based Email Marketing 17 Open Issues Relevant Personalized Anticipated PO Box vs. Postal Address ADV if not ‘affirmative consent’ “Do Not Email Registry” Reward System – 20% of fine Wireless Rules

18. Jeff Finkelstein: 303.473.4400 x 11 jeff@customerparadigm.com Website Development / Programming Permission-based Email Marketing Privacy Consulting Mark Wood: 303.473.4400 x 22 mark@customerparadigm.com Questions?