One problem commonly found among email marketers is about assumed permission. This is actually a gray area where as a legitimate marketer, you have to be careful not to fall into the trap and put your reputation at stake.

Companies often overlook this specific issue because there is no rule around how marketers should approach implied permission.

This post tries to give you some best practices so you can play on the safe side and comply with the CAN-SPAM Act.

Perhaps the best way to explain this by giving an example or scenario.

A common one will go like this:

“Your company is launching a second email newsletter and want to build as many subscribers as possible in the shortest time.”

Building your readership from scratch obviously is not a solution if you want to do it fast. So scratch that out. Not that it is wrong, but that is not what we want in this scenario.

Tapping into other resources seems to be a good strategy.

If you currently have your own in-house list, it is easy to think that since your readers have explicitly give you permission — assuming you build a clean list — to send them your first newsletter, you can send them the second one without requesting another permission.

Perhaps it is related. But still, the problems remain.

First and foremost, none of your subscribers raise their hand to receive your second newsletter. Although they are somewhat related, they might not be exactly what they want.

As this email usually is also a commercial email, it could be considered spam because the recipients don’t request for it.

The temptation to take the initial opt-in as a global permission to send your subscribers any other material is something we should aware of.

The good news is, you don’t have to start from zero. You can leverage existing resources and go from there.

Here are ways to approach using permission for different scenarios:

• If it is an in-house list, send an introductory email. This email should explain to the readers about your offer to opt-in to your second newsletter. Provide as much details as possible such as the topic, content, frequency, etc. If they are interested with your offer, they have to take action. You end up with smaller list but it really consists of those who want to receive the second newsletter. Don’t forget to include user records about when they subscribed and from which email. Every subsequent mailing for both list should include opt-out links.
• The second way is to tap into rented lists. The most important thing to remember when renting a list is to find out its source. Only if the source is trust-worthy, you can proceed with your offer. Just like when sending to in-house list, you must provide as much information as possible, including a call-to-action for the recipients to confirm their willingness to receive future mailings from you. Double opt-in is the best.

In either way, it is a great strategy to let the readers have access to sample of the second newsletter so they can read them up front before deciding if they really want to subscribe.

Also, you can include a postscript in your email or newsletter with short notice or invitation to help build your subscription lists from each and every email that you send.