are bulk email campaigns illegal ?

Discussion in 'Legal Issues' started by doridori, Dec 4, 2008.

  1. #1
    i see some sites offer 900,000 email campaigns daily for 99 dollars....aren't these the guys filling your inbox with spam ?

    how are these guys operating legally? they were listed on google ads all the time.

    i can easily get million or more email addresses, how can i use this to not constitute as spam ?
     
    doridori, Dec 4, 2008 IP
  2. dscurlock

    dscurlock Prominent Member

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    #2
    big time spammers rarely go to jail. The last big spammer I heard about was making millions on spam, and he did not go to jail as a direct result of spam, I think he went to jail because he was cheating the IRS or something.
     
    dscurlock, Dec 4, 2008 IP
  3. doridori

    doridori Banned

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    #3
    err, my question is, is there any way to send 900,000 emails, without falling under spam cateogry? like is it possible send 900,000 emails to introduce a new business or site .....

    and im thinking sending like no more than 10000, per hour.
     
    doridori, Dec 4, 2008 IP
  4. doridori

    doridori Banned

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    #4
    okay, i thought spamming was illegal and that there have been lot of ppl who got busted....specially in US
     
    doridori, Dec 4, 2008 IP
  5. helaughs

    helaughs Peon

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    #5
    Yes spamming is illegal in the US, but just because a million emails are sent does not mean it is illegal spam. If you are sending emails to double opt in emails addresses with time/ip records you can pretty much send as much as you want assuming you honor the opt outs in your list.
     
    helaughs, Dec 5, 2008 IP
  6. Aquarezz

    Aquarezz Notable Member

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    #6
    1) Sending emails to emailadresses who never asked for it is forbidden
    2) Sending emails to emails from users where they said 'yes' if you told them their emails could be used for advertising mails.. than it's allowed ;)

    Sending an email to your forum for example is allowed, as on signup page there is a line saying it's allowed, and before 'signing up' you must agree with it ;)

    So yes it can be legal.. but also it can't be ;)

    I know how to make a 100% legal way of sending spam mails to over 100.000 easily, to users who wanted it too, and yes I can earn thousands of Dollars without going to jail for it ;)

    Greetz
     
    Aquarezz, Dec 5, 2008 IP
  7. doridori

    doridori Banned

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    #7
    so if i find a million email addresses, and i send them a mail, and have a link to opt out, that is okay ?
     
    doridori, Dec 5, 2008 IP
  8. Aquarezz

    Aquarezz Notable Member

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    #8
    No it isn't.. EXCEPT if the users told you MAY use their email adresses to send mails too ;)
    So, if they signed up at a website, and the website said:
    We will use your email for unsolicited/advertising webmails, or we have the right to sell the emails...

    If that was written, than you're allowed to use the email YES

    But if that wasn't there, you have no rights at all to send them a message ;)

    Greetz
     
    Aquarezz, Dec 5, 2008 IP
  9. sousen

    sousen Active Member

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    #9
    I think hardly few people are ar check unknown email or click any link. Most of your mail will be deliverd to Junk mail. I don't think it wil be go in box even if you use any software becoue these days yahoo, google, rediff, aol, hotmail are very smartly handelign these. Becouse hardly I found any unknown mail direct in my inbox and I do not check my junk mail just if see have more then 100 or 200 junk mail just click empty my junk mail. It can be possible to deliver direct mail to inbox if you send manually or you can use cc to 10-12 person. But doubt hardly will go to inbox and it's no sure people will check your mail. It's only my openion it's means not e-mail marketing is not working but people those are aware bout it they will not open your mail.
     
    sousen, Dec 5, 2008 IP
  10. Aquarezz

    Aquarezz Notable Member

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    #10
    What you are saying is true mate... but yahoo their filter isn't working very well, I only own my mailbox for 3 months (never really liked yahoo) signed up at some sites like I always do.. and check it out now (not photoshopped):
    http://i33.tinypic.com/10xcaxc.png

    Greetz
     
    Aquarezz, Dec 5, 2008 IP
  11. dc0ded

    dc0ded Well-Known Member

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    #11
    Spammers r still making big money running spam campaigns through dedicated servers. Its true that 99% of spam get blocked or lands in bulk folder, but the remaining 1% is also a very huge number.
    Its also true that many people even read spam emails and also make online purchases on websites reffered by them.
     
    dc0ded, Dec 5, 2008 IP
  12. SGBoise

    SGBoise Peon

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    #12
    I don't think anyone has a list of oped in email list with 900,000. You should look into creating your own email list and just send it to them. Overall you'll have a better response.
     
    SGBoise, Dec 5, 2008 IP
  13. retrospector

    retrospector Peon

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    #13
    I do not think that a spamming campaign is illegal UNLESS you are sending "illegal" activity in the email,

    I think that sending spam is just like sending a regular message.

    Its like sending your "friend" an email saying; "hello"

    Is the same as sending your "friend" an email saying; "purchase viva viagra"

    They are still legitimate, non illegal messages.

    ----

    For instance,

    If you sent an email to Sarah Palin, about Illegal related content, "you would go to jail"

    If you sent an email to Sarah Palin, saying how much you love her work "you wouldn't" or make it seem so that your advertisement is sort of hidden in the message, like part of the background.
     
    retrospector, Dec 5, 2008 IP
  14. doridori

    doridori Banned

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    #14
    are you sure? i'd be mostly sending emails about a site or new service.
     
    doridori, Dec 5, 2008 IP
  15. helaughs

    helaughs Peon

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    #15
    Retrospector you are wrong, the sender of the email along with the any advertiser in the email is responsible for ensuring that the email is both opt in (with IP address) and also includes a working opt out link along with not having misleading headers/subject line ect... So the content of the email could be selling your grandmothers cookies and the mass email would still be illegal in the US if your emails are not opt in and or you do not have opt in records for your emails.

    This only really matters though if you are in the US or are using US servers.

    Op if you are serious about trying to send that volume of email from the US, you should consult an attorney that specializes in CAN SPAM compliance.
     
    helaughs, Dec 5, 2008 IP
  16. SGBoise

    SGBoise Peon

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    #16
    I'm sure what all the rules are but I know you have to have a way of allowing people to opt out.
     
    SGBoise, Dec 5, 2008 IP
  17. mooseweb

    mooseweb Banned

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    #17
    Ever heard of Gaia Online? Millions of users, billions of posts (literally)

    Back on topic, biggest list of oped emails I've found is around 200,000...
     
    mooseweb, Dec 5, 2008 IP
  18. doridori

    doridori Banned

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    #18
    so it seems like it boils down to the issue of opt in and opt out.....

    but is it illegal if you only have opt out ?

    i guess this type of operation is not possible with a dedicated server in US or canada....explains why most spam bots are offshore.
     
    doridori, Dec 5, 2008 IP
  19. Aquarezz

    Aquarezz Notable Member

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    #19
    I got a list with 2.000.000 mails.. never used it though :D
    The email list contained all .txt files, and was over 3GB :D

    But never used it, as those emails were collected from forum users who told their email could be seen to everybody.. so they never allowed this...

    And sending a mail to 2.000.000 users.. let's search software for that :D

    I wouldn't even know what I would send in that mail :p

    Greetz
     
    Aquarezz, Dec 6, 2008 IP
  20. jigordon

    jigordon Peon

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    #20
    OK, again, the answer here is that spam, within the US and defined by the CAN-SPAM act means any e-mail that is unsolicited.

    Thus, the ONLY way to send e-mails that do not violate this law are those that go to people who have authorized you to send them bulk e-mail. So, mailing lists where folks have agreed to be added to the list, for example, are ok. So are e-mails to forum members who have agreed in the ToS to receiving e-mails.

    But an e-mail to a purchased list (regardless of who gave you the list or what you're going to use the list for) is going to most likely violate the CAN-SPAM act. In fact, most bulk-mail sending organizations are taking extra precautions these days and want you to VERIFY (so that they can point the finger at you if there's a problem) that you personally received an OK from each and every person on the list to receive e-mail. They simply don't want the headache.
     
    jigordon, Dec 7, 2008 IP