Can Spam E-Mail Question?

Discussion in 'Legal Issues' started by tdd1984, Apr 30, 2010.

  1. #1
    I'm just curious, are people aloud to e-mail people as long as the e-mail is concise and clear. For example it seems to be legal to commercially e-mail people even if their not opt-in as long as it contains:

    • Opt-Out Feature
    • Company Mailing Address and Name
    • Non-Deceptive
    • Clearly State the E-mail Topic in The Subject Line

    We don't plan on bombing e-mails or anything of course. This is just something I was curious about when I was reading the can-spam page @ http://www.ftc.gov/bcp/edu/pubs/business/ecommerce/bus61.shtm

    Is anyone knowledgeable in this area? Is it legal to actually send out mass e-mail as long as their not deceptive and the user can opt-out?
     
    tdd1984, Apr 30, 2010 IP
  2. attorney jaffe

    attorney jaffe Member

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    #2
    The quick answer to your question is yes, it is legal under Fereral law to send unsolicited commercial e-mail (UCE) as long as you comply with the Can-Spam Act of 2003.

    However, many states have their own anti-Spam laws, most notably, California.

    Plus, your ISP TOS probably has rules against sending spam.

    Plus, the web vigilantee's (i.e. Spamhaus) could make your life miserable.

    Sending UCE can be very profitable, but like any other business it takes hard work, preparation and skill. Do your homework before you get into trouble.

    _____________________________
    Andrew Jaffe
    Attorney at Law
    330-666-5026
     
    attorney jaffe, May 2, 2010 IP
  3. tobycoke

    tobycoke Well-Known Member

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    #3
    If a recipient thinks of it as spam, and reports it as spam, then you will have little or no opportunity to argue your case that its "legal" before your host shuts you down.
     
    tobycoke, May 2, 2010 IP
  4. tdd1984

    tdd1984 Well-Known Member

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    #4
    Jeff,

    I just left you a voicemail.
     
    tdd1984, May 2, 2010 IP
  5. tdd1984

    tdd1984 Well-Known Member

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    #5
    By the way this was just a question. We don't plan on sending out high-volume e-mails (at all). All of our people are opt-in.
     
    tdd1984, May 2, 2010 IP