• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
Legal123.com.au

Legal123.com.au

  • Individual Templates
    • Confidentiality Agreement (NDA)
    • Contractor Agreement
    • Copyright Infringement Notice
    • Disclaimer Templates
    • Holiday Rental Agreement
    • Letter of Demand
    • Power of Attorney
    • Privacy Policy
    • Privacy Policy GDPR Clauses
    • Trademark Registration
    • Website Contract
    • Will & Codicil
  • Legal Packages For
    • App Developers
    • Coaches
    • Consultants
    • Copywriters
    • Graphic Designers
    • Personal Trainers
    • Photographers
    • Property Managers
    • Web Developers
    • Website Legal Package [most popular]
  • Free Legal Guides
  • Contact

Are You Accidentally Sending Spam Email? You Need to Pass These 9 Tests

Today, I received a spam email – unsolicited and promoting a service. But in the footer of that email it stated “This email is not spam” and then the sender spent the next paragraph explaining why his email was NOT spam.

Heavens! Factually wrong. Presumptuous, if not rude, too.

I hope you’re not making the same mistake. I’m sure you’re not. But just in case, here’s a list of 9 tests that your emails need to pass in order NOT to be considered spam.

Spam Email Tests:

1. Did you get consent?

You cannot send an unsolicited email. You need to get consent first. So if you just bought an email list and started blasting out emails, you’re probably spamming. Get people to opt into your email list first. Send traffic to your website through ads or organic search traffic, then encourage them to sign up or subscribe to your mailing list.

2. Is there an unsubscribe link in your email?

You must allow email recipients to unsubscribe from your emails. And you must process their requests in a timely manner – the regulations say you have to action the unsubscribe within 5 business days. We’ve all received emails with no unsubscribe link – drives you mad, doesn’t it! So clean up your emails and add an unsubscribe link to every one you send to your subscribers.

3. Are you hiding who you are?

Australian email legislation (Spam Act of 2003) now requires that all email messages sent clearly identify the person or business sending the message. So make sure your business details and contact information are clearly stated in the email and are up-to-date.

4. Is your subject line in CAPS?

Your emails should not look spammy. Having the entire subject line in caps, or just a word or two in caps, is considered spam. Exclamation marks are just as bad too. Just don’t do it. Your business image is important and cheapening it will do irreparable harm. Instead use persuasive language to encourage people to open your emails.

5. Did you say “free” in your email?

Be careful with the word “free” – you cannot use it to ‘induce’ potential customers to come to your website or offer a product or service at a discount. You can say “free” to existing customers or potential customers who have signed up for your email list.

6. Is your email a promotion or offer?

Only send deals, offers or promotions to customers or potential customers who have subscribed to your list. They have expressed an interest in your product or service and you’re helping them by offering your best pricing or new offers. However, if you’re sending deals to “strangers” then that is spam. Again, you’re trying to ‘induce’ them.

7. Are you asking the recipient to ‘send to a friend’?

In this case, you’re asking the person you probably spammed to spam their friends and contacts too! This is a “no, no” – you don’t have consent (see #1 above). McDonalds Australia got in trouble for this back in 2012 and were given a formal warning by the Australian Communications and Media Authority (ACMA).

8. Did you send it from a real email address?

Your emails should come from an address that contains a name or a title. “[email protected]” or “[email protected]” are OK. But “[email protected]”, “[email protected]” or “[email protected]” are not OK. “[email protected]” is borderline. The more personal the email address the better. Email recipients should feel that the communication came from a person, rather than a machine. And email addresses that re-direct to other email addresses are not OK either.

9. Does your email only contain an image or a link?

Emails with just an image, link or a few words are spammy. Your message body should include content that is relevant, engaging and genuine. So take the time to craft a proper email and build your relationship with your audience.

What can happen if I do send spam emails?

If you do break the regulations laid out in the Australian Spam Act of 2003 the penalties can be steep. For sending emails without consent, individuals can be fined $8,500 for each breach and companies can be fined $170,000!

In 2013 and 2014 some big name Australian companies got caught by ACMA:

  • GraysOnline auctions received a $165,000 fine for not having an unsubscribe link,
  • Cellarmaster Wines was fined $110,000 for not providing an ‘opt out’ option,
  • Groupon was issued a formal warning for not unsubscribing customers from ALL email lists when they hit the unsubscribe link, and
  • Get Wines Direct were also issued a formal warning for accidentally sending emails to customers who had previously unsubscribed from their email lists.

And reporting spam (and SMS spam) is also getting easier. You can do this by forwarding spam emails to [email protected] and spam text messages to (0429) 999 888. If you want to learn more, check out these useful guides on ACMA SPAM and the US Federal Trade Commission (FTC) SPAM guidelines:

  • FAQs from ACMA
  • American CAN-SPAM guidelines

Remember, no one likes receiving spam emails. So don’t get caught out sending spam emails yourself.

Published on 18 September 2015 Filed under Selling Online

About Vanessa Emilio

Vanessa Emilio (BA Hons, LLB, ACIS, AGIA) is the Founder and CEO of Legal123.com.au and Practice Director of Legal123 Pty Ltd. Vanessa is a qualified Australian lawyer with more than 20 years experience in corporate, banking and trust law. Follow this link to read the full bio of Vanessa Emilio.

Primary Sidebar

Subscribe to the Legal123 Blog

Sign up for our free email updates about legal issues affecting online businesses, startups and everyday Australians.

Most Popular Templates

image of website legal template

Website Legal Package

image of app developer contract

App Developer Contract

image of contractor agreement template

Contractor Agreement Template

‘How To’ Guides

  • Do I Need a Will?
  • How to Avoid Copyright Infringement
  • How to Choose the Right Business Structure
  • How to Comply with GDPR
  • How to Develop an App: The Legal Issues
  • How to Divorce in Australia
  • How to Hire an Independent Contractor
  • How to Manage a Holiday Rental Property
  • How to Run an Online Forum
  • How to Set Up an App Business
  • How to Set Up an Online Business
  • How to Trademark Your Business Name
  • How to Write a Confidentiality Agreement
  • How to Write a Letter of Demand
  • How to Write a Power of Attorney
  • How to Write a Privacy Policy
  • How to Write a Shareholder Agreement
  • How to Write Terms and Conditions
  • How to Write a Will in Australia
  • Legal Guide for Bloggers
  • Legal Guide for Consultants
  • Legal Guide for Copywriters
  • Legal Guide for Graphic Designers
  • Legal Guide for Life Coaches and Mentors
  • Legal Guide for Personal Trainers
  • Legal Guide for Photographers
  • Legal Guide for Property Managers
  • Legal Guide for Web Developers
  • Legal Guide to Coronavirus (COVID-19)
  • What Legals Do I Need for My Website?
  • … More Articles in the Legal123 Blog

Blog Topics

  • App Developer Contract (1)
  • Confidentiality Agreement (2)
  • Contractor Agreement (4)
  • Copyright Infringement (1)
  • Email Disclaimer (6)
  • Legal FAQs (1)
  • Legal123 News (1)
  • Online Business Legals (1)
  • Online Startup (5)
  • Power of Attorney Form (1)
  • Selling Online (6)
  • Trademark Registration (3)
  • Website Disclaimer (5)
  • Website Privacy Policy (9)
  • Website Terms and Conditions (9)

Search Legal123

Footer

About Legal123

Legal123 was the first 100 per cent online law firm in AustraliaLegal123 is an Australian full-service law firm founded in 2009. We were the first 100% online law firm in Australia and are proud to be part of a growing movement to provide value-for-money legal services online. We offer both online legal templates and customised legal work. Our templates are designed for standard situations. We also do custom legal work for clients who have non-standard requirements or need legal advice. More »

(02) 8003 7317

[email protected]

9am - 5pm Mon. to Fri.

Sydney NSW Australia

Legal123.com.au

Free ‘How To’ Guides

Do I Need a Will?
How to Avoid Copyright Infringement
How to Choose the Right Business Structure
How to Comply with GDPR
How to Develop an App
How to Divorce in Australia
How to Hire an Independent Contractor
How to Manage a Holiday Rental Property
How to Run an Online Forum
How to Set Up an App Business
How to Set Up an Online Business
How to Trademark Your Business Name
How to Write a Confidentiality Agreement
How to Write a Letter of Demand
How to Write a Power of Attorney
How to Write a Privacy Policy
How to Write a Shareholder Agreement
How to Write Terms and Conditions
How to Write a Will in Australia
Legal Guide for Bloggers
Legal Guide for Consultants
Legal Guide for Copywriters
Legal Guide for Graphic Designers
Legal Guide for Life Coaches and Mentors
Legal Guide for Personal Trainers
Legal Guide for Photographers
Legal Guide for Property Managers
Legal Guide for Web Developers
Legal Guide to Coronavirus (COVID-19)
What Legals Do I Need for My Website?

Latest Articles

image of lessons learned starting online business
10 Lessons Learned from Starting an Online Business
are you accidentally sending spam
Are You Accidentally Sending Spam Email? You Need to Pass These 9 Tests
image of fake mcdonalds china
3 Things You Should Know About Business Names, Company Names and Trademarks
image of cybersquatting
Cybersquatting: Defending Your Brand Name Just Got Way More Complicated

© Copyright 2009 - 2020 · Registered Trademark of Legal123 Pty Ltd · ABN 66 153 012 269

We're Hiring · Join our Affiliate Program · Disclaimer · Privacy Policy · Terms & Conditions · Affiliate Terms

image of Law Society of NSW badge

Legal123 Pty Ltd is an Incorporated Legal Practice (ILP) registered with ASIC. Information and templates sold on Legal123.com.au are not legal advice. Use of this website is subject to the Disclaimer and Terms & Conditions. Liability limited by a scheme approved under Professional Standards Legislation.