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I've had an online site for years, currently with around 3000 users. I want to start a newsletter but am unsure of the laws for this (I've read CAN-SPAM guidelines but this subject isn't really mentioned). The users, when registering for the site, didn't get a "Do you want our newsletters" option, whether express or implied.

I do not want to be labeled a spammer: indeed, the first newsletter will make it clear that users will have to opt IN to receive future newsletters.

So, can I send an initial newsletter to all my users, even though they never agreed or disagreed to such?

Thanks.

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Thanks for the answers so far. I should have mentioned I use Joomla so I would be looking for a component that integrates with that (I know there are some; just need to choose one that handles the opt-in/out, expired email addresses, etc). – GeoffM Dec 6 '12 at 22:04
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Acyba has a great joomla newsletter component called acymailing . I've used it with success... the enterprise version supports all the things i've needed. – jimg Dec 7 '12 at 15:03

3 Answers

up vote 2 down vote accepted

Here is the canonical US reference. And yes, it doesn't reference anything about migrating existing subscribers.

Most mailing services publish best practice guides & suggest sending out a confirmation email to existing list members older than 6 months to confirm their interest (double opt-in). If you have a good mailer, it will capture the confirmation click, IP address, and other info necessary to confirm your permission to send the emails to them.

But, IANAL, so how you approach the opt in (do the reconfirmation or just import) is up to you. I would suggest though going forward that each email has a single click opt out, the specific email address that was subscribed, when it was subscribed and an actual business address of the company.

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Yes, you can send an email out to your users. You should let them know how you acquired their email address (normally this is written in the footer) and give them the option to unsubscribe if they choose.

There are many services that will make sure that you are sending newsletters in a proper way. I'm a huge proponent of Mailchimp which will guide you through the entire process.

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You can ask existing users of website for email opt-in using a beautiful javascript based dialog which could pop-up next time they log in or visit the website. Just take care to ask them with Yes and No button so that they won't need to type their email address.

Further, don't forget to put unsubscribe link in the footer of emails. If there are many newsletters, it'd also better to create a control panel for users to manage subscribers.

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Good idea - thanks. Somehow need a one-time pop-up though. – GeoffM Dec 7 '12 at 18:22

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