Just as we wouldn't expect to win a game of poker without first understanding the rules, so is the same with email regulations. As dictated by the FTC's CAN SPAM act of 2003 - email marketers now have laws they must follow. The main provisions of these laws include banning false or misleading ?From? and ?To? routing information; prohibiting deceptive subject lines; requiring an opt-out method good for 10-days from the request; and, requiring a valid physical address on the email. Violations of the CAN SPAM Act are serious. Each violation can result in fines up to $11,000, with additional fines and the threat of criminal action possible for more serious infractions. To get more information, check out FTC.gov/spam.

Now that the formalities are complete, let's get to the meat of newsletter creation. The first thing you must think about is - who is your target audience? The answer should be a reflection of your goal. Many times your list will be a blend of existing customers and prospects. Many companies who are just getting started, or with limited resources cannot split up their newsletters, or segment marketing efforts. So, for most companies, the answer to the question is customer retention and up-sell opportunities, as well as placing offers and product reviews in front of your prospect base.

To improve newsletter success, write your content to speak to directly to high value customers (HVC). Using this approach will also help to produce HVC out of your prospect base. Develop content and special offers that are critical their current needs. It's also important to keep your content brief and to the point, so they can actually read everything you have to say.

To effectively drive sales through your newsletter, you must have a call to action. Think back to your direct response marketing experience; the same concepts apply when using email. What works? A one-day sale, limited-time offers, coupons with expires, contests, premium gifts? Test several offers to find which will elicit the highest click-through.

Now, let's address creative. While text-based email is sometimes better at avoiding SPAM filters over graphics-based email, it certainly doesn't have the impact of the formatted, graphics-based method. With this format you're able to put your content and imagery into columns, making for a much easier and more visually pleasing read. You can also use your imagery to reinforce your corporate branding efforts.

There's a lot to talk about when it comes to creative development. The first point to make is ? don't overdue it. Use imagery to support your point, and stay away from blinking letters, flashing or loud graphics. Your graphics should be designed to showcase your brand, and to personalize your email ? such as photographs of products, employees or even customers.

When an email is opened by a reader, the top portion of the email ? called ?Above the Fold? ? is the most critical. Use this area to display key information, such as your company logo and a link to your home page, your main call to action, and a headline that entices readers to continue reading.

Another important point is the subject line. MailChimp, an Atlanta-based email marketing company, recently released a subject line study. The results indicated significantly more success using basic headlines over gimmicky ones. For example ?ACME's October Newsletter? would offer a much higher open rate than ?Need More Advertising Value??

Also, change your creative periodically. It will help to keep your brand fresh, and revitalize long time subscribers to your newsletter. You could also try adding interactive elements such as polls and surveys or even something as engaging as a product animation or a link to a video presentation.

Finally, set benchmarks in order to monitor and revise your content and offers. Watch your unique opens and click-throughs to determine what content and call to actions are working and how to proceed on future newsletters.

Email marketing might be moving target, but with a firm understanding of the basics we can follow that target to success.