If you send out mass marketing email to recipients who did not request to receive your emails, or did not give their prior consent to be subscribed to your mailing list, you are spamming those recipients. Whether you offer an unsubscribe option in the email or not doesn't matter, because sending out bulk unsolicited email is the same as sending out spam. Users often don't click on any unsubscribe links in unsolicited emails because, for all they know, clicking on that link may lead them to download malware or a virus or subscribe their email address to even more spam lists. Therefore, providing an unsubscribe link in your unsolicited email does not necessarily stop the email from being spam.
The Australian Government has strict laws regarding the sending of spam. To ensure you don't accidentally send out any spam, we encourage your to educate yourself regarding the rules and regulations surrounding the Spam Act 2003 by reading through the articles located here.
A few key points to remember
- The recipient may give express consent, or under certain circumstances, consent may be inferred from their conduct, or an existing business or other relationships
- The message must contain accurate information about the person or organisation that authorised the sending of the message and how to contact them
- The message must contain a functional 'unsubscribe' facility to allow the recipient to opt out from receiving messages from that source in the future. Unsubscribe requests must be honoured within five working days