An Increasingly Effective Marketing Channel
With Varying Global Compliance Considerations
Email marketing is one of the most effective advertising methods in the modern marketer’s toolbox. With the increasing regulatory scrutiny and associated restrictions on targeted advertising, such as from privacy laws like California’s CPRA (and CCPA) and the European Union’s and UK’s GDPR, an already invaluable marketing tool has become even more significant. Even beyond the regulatory sphere, though, tech giants are also driving marketers toward email marketing and away from the perceived more pernicious targeted advertising. For example, Apple’s App Tracking Transparency (ATT) and Identifier for Advertisers (IDFA) and Google’s increasing stringencies concerning emails sent via Gmail signal a move toward advertising that follows a less targeted and, at the very least, a “more opt-in approach.”
While email marketing has the potential to bring strong performance in an increasingly challenging digital marketing landscape, there are a variety of legal considerations to account for before undertaking email marketing. Whether it is the CAN-SPAM Act in the United States, Canada’s Anti-Spam Legislation (CASL), the EU’s and UK’s GDPR, the UK’s Privacy and Electronic Communications Regulations (PECR), or other laws, marketers using email as a channel for marketing should ensure that they maximize benefits from email marketing while minimizing regulatory risk.
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Email Marketing Law News
DoJ Files Proposed Order Against Experian For Inability To Opt Out Of Marketing Emails
The Federal Trade Commission (FTC) announced that the Department of Justice (DoJ) had filed a proposed order against ConsumerInfo.com, Inc., doing business as Experian Consumer Services, for violation of the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act) and the Federal Trade Commission Act (the FTC Act).
Email SPAM Plaintiffs Take One on Chin
In Greenberg, et al. v. Digital Media Solutions LLC, et al., five (5) individuals filed suit alleging that defendants and their marketing partners sent them at least 282 unsolicited commercial emails in violation of California’s Business & Professions Code Section 17529.5(a)(2).