CANSPAM? Hmm....

Discussion in 'Legal Issues' started by tokipost, Jul 27, 2008.

  1. #1
    Would this be okay to do under CANSPAM:

    Find websites under the yellowpage directory.
    Find their contact email on their website manually.

    Send them a email about how your website discusses your type of business. Inside the email you do not sell anything NOR you dont have anything to offer on your website for sale.

    Just a friendly email and state you got their email address off their business website

    And leave your Name, address & a way to Opt-out.

    Legal? Illegal?

    If sent to 4k ppl, a couple ppl report it what would be the fines for that in USA?

    What if its just 1 EMAIL you sent out and nothing more to those people. Not a bulk email sending daily or weekly or anything just a 1 time thing about a forum?

    Thanks for all the advice!
     
    tokipost, Jul 27, 2008 IP
  2. WII-Aaron

    WII-Aaron Member

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    #2
    You can probably get 4K e-mails out before your host cuts you off. Someone would have to complaint to the right people to get any fines levied.

    The problem is, what kind of image are you representing about yourself or your forum if you do this?

    Aaron
     
    WII-Aaron, Jul 27, 2008 IP
  3. donepoppedup

    donepoppedup Peon

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    #3
    fine is $1,000.00 per email
     
    donepoppedup, Jul 27, 2008 IP
  4. tokipost

    tokipost Active Member

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    #4
    per email that gets reported correct?
     
    tokipost, Jul 27, 2008 IP
  5. DeenaEsq

    DeenaEsq Peon

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    #5
    Technically, you're within the limitations of the CAN-SPAM Act of 2003. As long as you follow the specific requirements (putting "ADV:" in the subject line, using your valid physical postal address, giving an opt out, doesn't have a deceptive subject line and provides true and correct routing information including to and from information) laid out by the FTC, you should be fine. However, there are aggrivated conditions that can subject you to treble (triple damage) liability. These include, but are not limited to, using a harvester to gain email addresses and using random combinations of numbers and letters to send emails to.

    By the way, I'm not sure where donepoppedup got his information, but statutory penalties can be up to $250 per violation (yes, per email you send) up to a maximum of $2,000,000.

    Hope that helps. Let me know if you have other questions.

    Deena Burgess, Esq.
    _________________________________________________________________________________

    Any opinions are offered without knowledge of the specific law of your jurisdiction and with only the limited information provided in your post. No advice given here should be reasonably relied upon by you or any third party without consulting an attorney who is aware of all of the facts and law surrounding your situation. Any advice given here is not intended to create an attorney-client relationship in any way.
     
    DeenaEsq, Jul 28, 2008 IP
  6. tokipost

    tokipost Active Member

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    #6
    Thanks!

    ADV?

    I am not using a harvester thing to grab mails, I am manually going to yellowpages and visiting the business's website and going to contact us and then copy/paste their email.

    So would this be legit:

    Header: Companyname Newsletter (OR something else?)
    Body: Txt/Links about articles
    Body: Physcial Address
    Body: OPT-OUT option

    And send about 350-500 per day. Not to the same users but to different ones.
     
    tokipost, Jul 28, 2008 IP
  7. perlbone

    perlbone Peon

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    #7
    If you extract a MDMA from a maple syrup (*impossible IRL, to not give you the right idea), are you doing drugs? Technically, yes.
    So, if you overdo the normal functioning of the browser making a harvester thing from yourself - you'll get your chance to create a nice precedent on law.. :p
     
    perlbone, Jul 28, 2008 IP
  8. DeenaEsq

    DeenaEsq Peon

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    #8
    ADV: in the subject of an email indicates that that email is an advertisement. The FTC requires that all commercial emails to people with whom you do not have a current business relationship be marked as an advertisement in the subject line.

    Perlbone, yes, as long as you're not using a harvester, but are doing it manually, it's ok. Odd, I know.... You can check the rules out at the FTC's website (ftc(dot)gov/spam).

    Let me know if you have other questions.

    Deena Burgess, Esq.
    ________________________________________________________________________________

    Any opinions are offered without knowledge of the specific law of your jurisdiction and with only the limited information provided in your post. No advice given here should be reasonably relied upon by you or any third party without consulting an attorney who is aware of all of the facts and law surrounding your situation. Any advice given here is not intended to create an attorney-client relationship in any way.
     
    DeenaEsq, Jul 28, 2008 IP