Is sending emails to a Jigsaw list considered Spam?

Brook,

If you're sending a single one-to-one email to personally try to connect with someone, then it's not technically spam--although the recipient may still mark your email as spam.

However, if you're adding that address to your email marketing program, then it most certainly is spam, regardless of whether the email is CAN-SPAM compliance elements such as a mailing address and unsubscribe link.

The critical element here is permission. People whose addresses you've acquired via Jigsaw have not opted into your email program. Adding addresses to your list this way is a recipe for racking up spam compliants and getting blacklist and blocked by ISPs--not to mention brand damage.

I just wrote a column for MediaPost that goes further in addressing your question: http://www.mediapost.com/publications/?fa=Articles.showArticle&art_aid=139190

Hope that helps.

Andrew - Just to clarify, the CAN-SPAM Act does in fact speak to permission. You are correct, the Act does not require permission (affirmative consent is how the act refers to permission) - but it does lay out specific requirements when you don't have an existing business relationship or affirmative consent.

(As an aside, a pre-checked box on an opt-in form is not considered affirmative consent.)

You must include a statement in your email message that it is "An advertisement." Unfortunately the Act is not specific is to what that language should be or where it is located.

Like virtually everyone, I receive unsolicited emails from even top brands, that do not comply with this aspect of the Act.

I agree with Chad here, Permission is key! If you do not have permission to send to these individuals, you should not be sending email campaigns, offers, etc....instead reach out individually and get their permission to continue the conversation.

CAN-SPAM or not, I believe that you would want to do the best thing for your organization and being blocked or labeled as a spammer by sending to lists like Jigsaw will only get you into that category. Especially if there is no prior relationship or conversation where permission is gained.

I have seen organizations take lists like that and run them through a lead generation call campaign where every caller can be asking for that permission for future mailings. That is really a better way to handle lists like this. Build a relationship, get permission, and then send.

Technically, no. But a lot depends on what you are sending, how many times and whether or not the emails you send are CAN SPAM compliant. (See the full list of how to be compliant here:http://business.ftc.gov/documents/bus61-can-spam-act-Compliance-Guide-for-Business)

Having said that, I think good marketers are responsible marketers. They clearly understand that a spammy looking email is going to forever spoil their reputation with a prospect.

So you can send an email to contacts from a list you purchase, but be sure to keep that email relevant, useful and CAN SPAM compliant.

Hi Brook et al.,

CAN SPAM does not speak to permission at all; in other words, you can send without permission and still be CAN SPAM compliant. In other, other words, you can spam all you want without breaking US law (every other G8 country requires permission of some sort).

But just because it's legal doesn't mean you should do it. Sending CAN SPAM-compliant spam will get your IP blocked and your mail bounced just as quickly as sending non-compliant spam.

Jigsaw collects addresses, and sometimes they also collect consent to receive third-party mail. But this type of consent is wholly uninformed. Recipients who give this kind of consent really have no idea what it is they've just consented to. This thin veneer of permission simply does not pass muster with ISPs or their recipients.

People who send to Jigsaw lists are looking for a shortcut that doesn't exist. There's no quick alternative to collecting permission from willing recipients, and to keeping them that way by sending the content they asked for (and nothing else!).

Andrew.

Brook,

What Chad said and then think about this for a second. Imagine if your email address was on that Jigsaw list and I sent you an email out of the blue for something. Even if its the greatest thing in the world, would you consider what I sent you spam?

I always take myself out of the marketers shoes for a second and put myself as the subscriber or recipient.

Andrew

Ryan and Chad thanks for clarifying. I've never heard of jigsaw so my original response was a little off. However I did mention "opt-in" and that is the primary consideration.

I wanted to follow-up my answer to clarify that it was in context of the fact that if it is a Jigsaw list then it is obviously not opt-in AND you are asking the question on that context.

I think ideally the best results come from lists that are opt-in lists and there is nothing that comes close. So that is the best way to go.

If you do not have an opt-in list, and you are considering going the allow-opt-out route then my answer above holds.

Vaibhav Domkundwar, Founder & CEO
Nurture - The World's Simplest Lead Nurturing Solution
http://www.nurturehq.com

This is a great question and touches an issue that I personally think needs to be fixed. Jigsaw-sourced emails, or any email going to a list where receipients have give consent to receive emails from a 3rd party are CAN-SPAM compliant. The issue really is centered around what the recipents do with these emails. The reality is that these types of emails are more likey to be flagged as spam because the receipient doesn't tie the email to their Jigsaw registration (where they agreed to receive 3rd party emails) and/or they're simply to lazy to opt-out and simply hit the "spam" button. Many companies that have emails lists with 3rd party consent will have a hard time finding Email Service Providers that will take their traffic for this reason. In the end, it is not spam but the challenge for the list owners and renters is to focus on quality over quantity, and to be as relevant to their audience as possible.

/mm/

Yes, I agree with Vaibhav, following the CAN SPAM regulations are a must.

I have to ask a question, what do you mean by a "jigsaw" list? Have these people opted-in to receive content related emails?

I agree with Chad and Ryan here.
Another solution would be to pre-qual any names you purchase with a reverse opt-in. This will most definitely remove all potential opt-outees.

I should have mentioned in my last post that if you really need only the permissioned names from Jigsaw you can get them from us at MeritDirect. Here's a link to the datacard for your review, http://lists.meritdirect.com/market?page=research/datacard&id=227654
This option would most definitely be the safest way to use their file.