Blog Post

BusySeed Lawsuit Guide: Can You Be Sued for Email Marketing?

Omar Jenblat • Dec 01, 2022

Email marketing is one of the trickier topics regarding digital marketing and how we can reach our consumer base without violating the law. Massive corporations like Amazon make it difficult for small businesses to contact potential customers without violating laws under the CAN-SPAM Act.


Most countries have their own version of these laws, leaving small to mid-size business owners wondering how they can reach their customers without facing a lawsuit. BusySeed lawsuit can help prevent legal troubles for our clients, especially regarding email marketing. Still, there are other actions you can take to ensure that you're doing things correctly concerning your email marketing strategy.

Legal Email Marketing Tactics

It's not uncommon for business leaders to wonder if the email marketing strategy they've spent their precious time cultivating violates the law. We have to be careful about how we contact consumers, not only so we can stay within legal confines but so they don't become irritated with the emails we send.


Finding the perfect email marketing balance can be challenging, so it's essential to work with a marketing professional, whether you have an in-house team or hire a freelancer. BusySeed will always ensure you're on the right email marketing track, from regulations to excellent content.


If you've already launched your email marketing plan, here are a few checkpoints that can help you understand if you could face a potential lawsuit.


Get Permission

First and foremost, you must ensure your company has the receiver's permission. It's a poor (and illegal) practice to purchase a list of emails and begin sending them marketing materials. To obtain email addresses, you require explicit allowance from the receiver via them providing you with their email address directly.


You can collect consumer emails through surveys or by asking them to sign up for your newsletter on your website. You might also collect emails when they purchase something from your online store.


Be Honest

Once you've received permission to send the email, you must be honest when creating your email content. Don't trick your potential customers into clicking a link that doesn't take them to the promised location.


For example, some companies might post a link to a sold-out product or a service they no longer provide to get customers to the website. This is a sure way to lose sales and have your targeted consumers report your emails as spam.


Allow Consumers to Unsubscribe

All reputable businesses allow consumers to unsubscribe from their email list every time they send an email. Every marketing email you send should contain a prominent link to allow your subscriber to unsubscribe.


Allowing people to opt out can help prevent spam complaints and ensure that you only send emails to those who want to receive them. When you think about it, there's no point in sending emails to those who don't want them.


It's rare for consumers to come across an email from a company they've never heard of and jump at the chance to purchase the product. The sales funnel works in a specific way, and it's not by sending unsolicited emails.


Don't Send Too Many Emails

Sending too many emails is a problem that BusySeed lawsuit services see far too often. Many companies get into trouble by sending frequent, daily emails to consumers asking them to purchase a new product or service. Some businesses send between six and ten emails daily, from discount codes to brand announcements.


Sending too many marketing emails in a short period of time is one of the best ways to get your business on the spam list. BusySeed can help you space your emails accordingly, sending them only when you have something important to say and high-quality content to offer. You want your customers to look forward to your emails, not delete them without opening them.


Possible Reasons For an Email Marketing Lawsuit

We've gone over how you can avoid drumming up a potential lawsuit for your business due to your email marketing strategy. Remember that you can absolutely face a lawsuit for how you market your company to private email addresses.


However, email marketing can be an incredible way to reach new clients and boost business sales. We don't want you to shy away from email marketing to avoid the risk of legal troubles.


BusySeed lawsuit can help you do email marketing correctly, following the laws under the CAN-SPAM Act to dictate how your business can contact potential and current clients through their emails.


The CAN-SPAC Act contains a few rules that all businesses must follow regarding sending marketing emails. Failing to follow these rules can significantly contribute to facing a lawsuit regarding your email marketing tactics.


  1. Obtain permission before sending marketing emails.
  2. Remain truthful in all email content, ranging from the subject lines to the links you choose to include.
  3. Provide an option to unsubscribe.
  4. Include the physical address of your company somewhere in the email.
  5. Eliminate false or inaccurate header information.
  6. The subject line must represent the content of the email.
  7. You cannot use email harvesting methods, and you cannot purchase or obtain emails illegally.


The violation of these rules, some of which we've described earlier in this article, can easily lead to a lawsuit for your business. In addition, violations of these rules can result in significant penalties, including fines of up to $16,000
per email.


How to Handle an Email Marketing Lawsuit

You'll have to hire an attorney to defend you if you're sued for email marketing. If your company doesn't have a legal team, consider hiring one. Facing legal action as a business can be scary and overwhelming, but it's essential not to panic. 


Review the Complaint

Review the complaint and allegations carefully with your legal team, paying close attention to deadlines regarding the complaint and other filing deadlines. Responding right away can avoid a default judgment against your company. 


Consult with an Attorney

If you don't have an attorney at this point, now is the time to consult with one, even if you don't plan to hire one to represent you in court. You must receive legal advice on how to proceed, fully understanding the allegations against you, and advise you on the best course of action. 


Decide on a Response

Your attorney can help you decide on a response to the complaint. You can file an answer, a motion to dismiss, or another responsive pleading. The best option for your business will depend on the details of the case and the legal arguments that are available and favorable to you. 


Regardless of how you respond to your lawsuit, you must do so professionally and immediately. Take the time to understand your legal options and speak with your legal team, but respond quickly. You can protect your business from further legal action by being active in the best outcome. 


Your lawyer will likely ask you to collect all the emails pertaining to the case and any other documentation you might have to help your case. With the right legal advice, you can build a strong case for your business and help avoid a costly lawsuit. 


Of course, one of the best options is to avoid a lawsuit in the first place, and now, we'll discuss how BusySeed lawsuit can help you do just that. 


Working with BusySeed to Prevent Email Marketing Lawsuits

BusySeed lawsuit prevention comes in email marketing that stays within the confines of the law but doesn't sacrifice consumer outreach or content sharing. We thoroughly understand how to construct a strategy that will reach the customers who want to hear from you without overloading their inboxes with irrelevant content. 


We're experienced in drip marketing, newsletters, and legal list buying that will expand your consumer base. It's crucial to gain access to emails of consumers that want to hear from you, and it takes a knowledgeable company like BusySeed to get the job done. 


Because BusySeed uses only white hat, legal email marketing practices, you can be confident that you won't have to worry about a lawsuit while working with us. We can help you engage with your customers to increase brand awareness and develop long-term brand authority. 


Working with BusySeed assures you that you can send out marketing materials in the best way possible, increasing conversion rates and managing your reputation if something goes astray. Contact BusySeed today for more information, and we'll get your email marketing strategy underway, assisting you in avoiding lawsuits along the way!


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