A client asked us this week if they could deploy a campaign of introduction to a list of email addresses they had collected from directories, websites and other public sources.

As you may be aware, the NZ law (Unsolicited Electronic Messages Act 2007) defines deemed consent, the ‘poorest’ form of consent as:

“Deemed consent is when someone conspicuously publishes their work-related electronic address (e.g. on a website, brochure or magazine). However if a publication includes a statement that the person does not want to receive unsolicited commercial electronic messages at that address, consent cannot be deemed. There also must be a strong link between the message and the recipient’s business.”

So, in theory you can collect email addresses that are the public domain, and related to your business (i.e. accommodation/travel) and send a message relevant to that relationship.

Here is the Department of Internal Affairs guide to the Act for businesses

In practice, it is best to ‘be your recipient’, decide if it makes sense to you to receive this, and craft the message very carefully indeed.

Copy should open with acknowledgement that the link is tenuous – voicing the objection before it is raised, so to speak.  Then, it’s a good idea to lead with the benefit of the contact, and leave it to one clear safe call to action.  Credibility is key, and using whatever can help to get that – pointing out how your businesses might work together and shared industry bodies etc is a good start.

You should also use a reassuring tone to emphasise your respect of their privacy, and say exactly what you will do next – i.e. that you will email them again in a week’s time, that you will never email them again, or etc.   If you plan a one-off invitation to subscribe, or similar then reassure you wont email them again unless they ask/register etc.   If you plan to email them again, then pointing out the simple and one click method to unsubscribe is a good idea in the copy as well as the usual places at the top and bottom of the email.

When we think about the NZ Spam Act and consent levels, we think of them as green, red, and orange traffic lights.

The best kind of consent is express clear permission, implicit and second best is inferred – lastly, deemed.

You CAN email someone to intrduce your self and the services you offer that are related to their business.  You just have to be very careful, considered and clever.

Questions?  Call us at Jericho for a no obligation chat. Comments? Leave them here.

Other posts related to this topic:

‘Refer a Friend’ Campaigns – Are they legal or not?