However, marketers need not despair. Recognizing the difference between spam and targeted email marketing, the Federal Communications Commission (FCC) inserted some exemptions to allows legitimate messages to live within CAN-SPAM's protection. The Act does not apply to emails that include an opt-out mechanism, a valid subject line and header, and a legitimate physical address for the mailer. Companies must be compliant with these CAN-SPAM regulations to avoid hefty fines.

Another aspect of email marketing that you should consider before beginning is how to avoid being "blacklisted." An email "blacklist" acts as a filter to block any email from a particular server. If a recipient of one of your email campaigns reports the message as spam, the recipient company's Internet Service Provider (ISP) may block any future correspondence from your entire domain. This can be very costly, as it impacts not only marketing, but also sales, accounting and customer service -- every piece of email communication. If the recipient was an existing customer, his or her company may not receive important information about meetings, billing, etc.

While your marketing department may be nervous about the blacklist, they're not the only ones clamoring for compliance. ISPs such as MSN, Covad and EarthLink can also be held responsible for spamming that happens on their systems. Rather than risk the blacklist, which would disrupt service to all their customers, ISPs will often cut off individual customers suspected of spamming. As a preventative measure, many ISPs now place limits on the number of emails that can be sent from a single domain (or even a single computer). This may be regulated by restricting the number of emails allowed per hour, per day and/or per month. Many ISPs also put a cap on the number of recipients allowed for a single email (often between 25-100).

How do these precautions affect your business? It depends on your company's systems. If your company uses Outlook for mass communication to your clients, prospects and leads, be prepared for a large wrench in your marketing timeline. Sending sizable campaigns through Outlook can be risky, cumbersome and even ineffective.

The ISP-imposed email limits create repetitive work for your marketing department, requiring them to send out the same email over and over again, each to a subsequent small chunk of your list. Consider that companies typically reach out to thousands of prospects with a single email campaign. Now divide that by an ISP limit of 25 names per email. Even with a relatively small campaign, you could be hitting the "send" button more than 200 times. A limit of 25 could even effect your ability to forward those annoying yet addicting e-surveys, silly pictures, jokes, and inspiring thoughts to your friends and family.

How to sidestep the issues
Despite all of the roadblocks, email marketing is a necessity for any 21st century business. With ninety percent of consumers checking email several times a day, companies have to go where the consumers are. Fortunately, enlisting the help of an outside service with a separate, email-knowledgeable ISP can help make email marketing a smooth, pleasant and profitable experience.