Email Marketing Legalities in the Online Gambling Business
There’s email marketing and then there’s email marketing for online gambling affiliates. Not all email service providers (ESPs) are as accepting of an iGaming affiliate’s mass email marketing plans as one might wish. Here are some email marketing tips for online gambling affiliates and what they need to understand about legal issues and tips for better utilizing email marketing.
The CAN-SPAM Act passed by the U.S. federal government in 2003 radically changed the landscape of email marketing. While the law did not make any certain distinctions directly applicable to gambling affiliates, it did create several requirements that all email marketers must follow. The law created penalties of up to $16,000 per separate email in violation. This high cost of non-compliance is what has led to many ESPs banning gambling affiliates; even though the law did not specifically make online gambling marketing illegal, most ESPs have chosen to prohibit gambling affiliates just to play on the safe side.
Here is a brief rundown of CAN-SPAM’s main requirements:
- All routing information (“From”, “To”, “Reply-to”) must accurately identify the person and domain name from which emails were sent.
- Subject lines must accurately reflect the content of the message.
- Messages must be clearly identified as an advertisement.
- Emails must include your valid physical mailing address.
- Recipients must have a clearly presented opportunity to opt-out of receiving future emails from you.
- Opt-out requests must be honored within 30 days from the date they are made.
- ESPs are held just as liable as the company whose product is promoted in the message for meeting legal responsibilities.
Who Excludes Gaming Affiliates?
Since ESPs have just as much liability for the messages their customers are distributing through their software as those customers do themselves, many have chosen to be extra-careful about the types of clients they will accept.
The following large, popular ESPs state in their terms and conditions that they do not accept gambling affiliates:
- Constant Contact
- Benchmark Email
Before beginning to use an ESP, check with their terms and conditions for any wording that prohibits gambling affiliates from using their services. When in doubt, it might also be wise to email them explaining what you intend to use their services for in order to gain permission before signing up.
Related: who are the best ESPs for gambling affiliates?
Email Marketing Tips
Affiliates who are not currently utilizing email marketing should start now. A solid email marketing list can help generate conversions from players who might not have otherwise made their way back to your site. It’s a completely different channel for making contact with potential customers that every single well-established gaming affiliate makes use of.
Here are some quick tips to help boost your email marketing campaign:
- Use a captivating subject line. The difference between a compelling and mediocre subject line can result in a huge difference in email opening rate.
- Create varying messages. Use different email marketing types so that subscribers don’t come to expect the same routine over and over again. Sending an occasional press release featuring urgent news and no promotional materials will help build credibility for your newsletters.
- Organize rewards exclusively for email subscribers. A special bonus code or freeroll promotion just for players who sign up to your emails can help generate more conversions and reward readers for their loyalty.
What email marketing tips are you using in your campaigns that you can share with our readers? Please tell us in the comments section below!