Is It Legal to Contact Businesses Via Email w/ Offers?

71 replies
Hi Everyone, while I am new to the forum, I have lurked as a guest here for quite some time.

I just watched a video for an inexpensive product ($10) that generates leads, company name, website, phone #, within specific zip codes, etc...

While watching the demo, I wondered; "Is it legal to contact companies using their business website email to 'pitch' website design or 'lead generation' services?

Thanks-a-Bunch,

Cyndi
#businesses #contact #email #legal #offers #w or
  • Profile picture of the author Cyndi Kates
    I was thinking of doing some web design & mobile mock-ups, for companies with lagging or outdated websites, and sending them samples, just to clarify a bit further. Nothing to the likes of just sending random offers or spammy emails.
    {{ DiscussionBoard.errors[9940176].message }}
    • Profile picture of the author DIABL0
      Originally Posted by Cyndi Kates View Post

      I was thinking of doing some web design & mobile mock-ups, for companies with lagging or outdated websites, and sending them samples, just to clarify a bit further. Nothing to the likes of just sending random offers or spammy emails.
      It's perfectly fine to do.

      Get a program that also tests if the site works with mobile or not.

      Look and see if the site is spending any money advertising online. If they are, it should be an easier sell.

      Also, look and see who their local competition is and is mobile ready and explain how they are probably loosing business to them because they aren't.
      Signature
      How to Build LARGE EMAIL LISTS on a Budget and MONETIZE Like a PRO
      20+ Years Exp . . . . . . . . . . . . Email - CPA - PPL
      {{ DiscussionBoard.errors[9940524].message }}
    • Profile picture of the author kk075
      Originally Posted by Cyndi Kates View Post

      I was thinking of doing some web design & mobile mock-ups, for companies with lagging or outdated websites, and sending them samples, just to clarify a bit further. Nothing to the likes of just sending random offers or spammy emails.
      I do this all of the time and I get a fairly good response rate as well...if you take enough time to find the right email address. For small business that's fairly easy; the address listed goes to the owner, but for larger businesses it gets a lot more complex.

      My advice would not be to take the time and make full mock-ups before hand though- just send a very brief, 2-3 sentence introduction that identifies you as a local and what a cosmetic face lift would do for their business. I don't even use a call to action or quote a price....I simply link to my business in the signature and let the email feel personally written for that business.

      Because as soon as you mention a special or something like that, the business owner's spam filters in their minds start flashing...and you don't need that. Just keep it simple, direct and respectful and you will pick up several new jobs per week.
      Signature

      Learn to sell like a pro through Web Synergy's marketing blog.

      {{ DiscussionBoard.errors[9940571].message }}
    • Profile picture of the author heruma
      Originally Posted by Cyndi Kates View Post

      I was thinking of doing some web design & mobile mock-ups, for companies with lagging or outdated websites, and sending them samples, just to clarify a bit further. Nothing to the likes of just sending random offers or spammy emails.
      In this case, it is perfectly ok.
      Your email will be individually crafted according to their website problem/s.
      You just have to think of a good Subject Line to increase the open rate.
      {{ DiscussionBoard.errors[9940716].message }}
      • Well,I have a list of 200K. I've already tried this before not exactly for offering consultations about website redesigning but some other services. I agree with IAmnameless that is very complicated process or it was for me as a newbie. I was facing the issue of emails going into spam folders. Problems from server and numerous other issues.
        But it is also a fact that one of my friends is converting the same leads into $18000K sending 10000 emails a day.
        If You can minimize the spam issue especially of google, It can help achieve your goal. And yes it is legal too.

        Thanks
        {{ DiscussionBoard.errors[9940733].message }}
  • Profile picture of the author nicheblogger75
    I'm not a lawyer, and I could be wrong, but I think contacting people by email and pitching your business or any commercial service without their expressed permission is spamming.

    If everyone could just get a list of emails and start sending them emails promoting their products and/or services, then what would be the point of building an opt-in subscriber list?

    Wouldn't everyone who wants to sell something just be able to purchase or scrape a list of emails and start contacting people?

    I thought that's what anti-spam laws were made to protect against. I may be wrong but that's my opinion anyway.
    {{ DiscussionBoard.errors[9940378].message }}
    • Profile picture of the author iAmNameLess
      Originally Posted by nicheblogger75 View Post

      I'm not a lawyer, and I could be wrong, but I think contacting people by email and pitching your business or any commercial service without their expressed permission is spamming.

      If everyone could just get a list of emails and start sending them emails promoting their products and/or services, then what would be the point of building an opt-in subscriber list?

      Wouldn't everyone who wants to sell something just be able to purchase or scrape a list of emails and start contacting people?

      I thought that's what anti-spam laws were made to protect against. I may be wrong but that's my opinion anyway.
      Well you are wrong.

      What's the point of building an opt in list if anyone can scrape emails or harvest emails? Well the two are completely different, one is obviously for prospecting use and the other part of a lead nurturing and retention strategy.

      You can send solicitations but must include an unsubscribe button, address, and honor unsubscribes within 30 days.

      Your other question, ("Wouldn't everyone who wants to sell something just be able to purchase or scrape a list of emails and start contacting people?" ) is pretty easy to answer.

      No... not everyone would be able to because it is extremely complex to be able to send in bulk without going to the junk, or spam, and without email marketing platforms banning you. Also, purchased lists are usually garbage, the smart people are scraping and compiling their own list.
      {{ DiscussionBoard.errors[9940499].message }}
      • Profile picture of the author nicheblogger75
        Originally Posted by iAmNameLess View Post

        Well you are wrong.

        What's the point of building an opt in list if anyone can scrape emails or harvest emails? Well the two are completely different, one is obviously for prospecting use and the other part of a lead nurturing and retention strategy.

        You can send solicitations but must include an unsubscribe button, address, and honor unsubscribes within 30 days.

        Your other question, ("Wouldn't everyone who wants to sell something just be able to purchase or scrape a list of emails and start contacting people?" ) is pretty easy to answer.

        No... not everyone would be able to because it is extremely complex to be able to send in bulk without going to the junk, or spam, and without email marketing platforms banning you. Also, purchased lists are usually garbage, the smart people are scraping and compiling their own list.
        I actually have a great piece of software that I purchased a while back that can be used with services like Sendgrid and Mandrill, and it works really well and has a high delivery rate and gets the emails into the inbox and not the spam folder.

        I have only tested it out with several different email providers to see if it did indeed land the emails in the inbox and not spam because I was unsure about the legality of collecting email addresses and contacting people without having them opt-in.

        One thing I did learn from the testing, though, is that when it comes to emails going into spam, a lot of that has to do with the wording used in the email. There are quite a few "buzz" words that can land your emails in the spam folder. Words like "free" and "money" or "cash" are three good examples.

        Well, now that I heave learned a little bit about the legality of this technique, I may give it a whirl myself. The thing I need to do now is to find a quality software that can scrape legit addresses. I would definitely never purchase leads, as I am aware they are mostly garbage.

        I also had wondered how I would handle the "unsubscribe" feature, but I have found that Sendgrid does indeed offer that. The only other issue I see is that if you are going to send a lot of emails it can get quite pricy. If it is producing results and getting you some good business, though, I guess sending cost shouldn't be an issue.

        I guess you could also use your own hosting account (I'm not sure about shared hosting) if you are just going to be emailing business owners in your niche and not a ton of leads. I can see where this can definitely be lucrative in bringing in business for you if you can do it right. It actually doesn't seem all that complicated, either, if you have the right software and a little tech knowledge.
        {{ DiscussionBoard.errors[9940756].message }}
  • They are not going to like you for it, but yeah, totally legal.
    {{ DiscussionBoard.errors[9940405].message }}
  • Profile picture of the author Cyndi Kates
    So from the consensus it appears its legal, provided it's done ethically and offers an unsubscribe button within 30 days. That was interesting to know.

    Now, I just have to craft emails that get opened by the right people.

    While my marketing plan is concentrated on local businesses only, not the entire web, I really wasn't sure if it was an effective way to 'break the ice' with local small businesses, as opposed to walking into their store, shop, or business and asking them to hear/see my pitch.

    Actually, the mention of mobile web capability arose above, and that is a big part of my sales approach, as I am not a great designer with a huge portfolio of sites to display.

    As far as the 'mock-ups' the system I am planning to use is actually drag n' drop - much like the popular mobile apps that are listed here:

    Best App Maker - App Builders and Creators - Business News Daily

    Therefore, I will already have a few samples made up, I'll simply change the companies name in the mock-up before the presentation, and hope that will be a helpful tactic to get their attention.

    Finally, this all happened by accident. I had bought that new CTA Bar opt-in tool, and one of the bonuses included PLR to a bunch of mobile squeeze pages. That triggered an idea, that lead me back here to find a successful warrior here had an entire system with the base foundation for the idea I was looking to expand upon.

    There to, he also offered more than I even thought of doing, so all-in-all, feeling pretty confident this could set me up with full-time work, and allow me to finally transition from a job to full-time online marketing. (Aside some offline web services of course).

    Thank You All, your responses clarified a lot, as I wasn't sure if contacting local businesses was even allowed. I used to do some telemarketing back in the day, and I know; that industry has changed immensely.

    Seems these days, everyone uses email, video, SMS, and now webinars. The latter two I still have a lot to learn about.
    {{ DiscussionBoard.errors[9943339].message }}
    • Profile picture of the author Steve B
      Originally Posted by Cyndi Kates View Post

      So from the consensus it appears its legal

      Cyndi,

      Let me ask you . . .

      When was the truth arrived at by taking a consensus of others' opinions?

      Legal issues are never decided by consensus.

      There is a lot of mis-information on this thread and if you follow it, you are opening up yourself to potential problems.

      I see two separate and distinct issues with what you're asking.

      1. Is it legal?

      2. Is it an effective way to send offers?

      Here's a short 6-page pdf from the Federal Trade Commission entitled

      The CAN-SPAM Act: A Compliance Gude for Business

      Read it thoroughly and if you still have questions there are some references listed that will give you further information.

      Is it an effective way to send offers? Of course that depends upon how you do it and what your offer is.

      Generally, "cold calling" (marketing to those that you hit "cold" with your offer) is not as effective as many other methods. You can spend a lot of time and resources doing this and see very few if any results.

      Or you could spend your time putting up a simple squeeze page, giving a valuable free "gift" to get some subscribers on a list, and then building that list and your relationship with your audience. This simple method has worked for many, many new businesses and it can work for you. There are very few downsides to this model but it does take a little patience as it takes time to gain traction.

      The downsides to the "cold calling" method of mailing to random prospects are many. In addition, it can hurt your reputation as a marketer and you and your business will be seen by some as spammers (whether you technically are or not). I don't recommend doing this. I don't know any successful business owners that recommend it.

      The choice is yours.

      Steve
      Signature

      Steve Browne, online business strategies, tips, guidance, and resources
      SteveBrowneDirect

      {{ DiscussionBoard.errors[9944763].message }}
      • Profile picture of the author kk075
        Originally Posted by Steve B View Post

        The downsides to the "cold calling" method of mailing to random prospects are many.
        Hey Steve-

        I think you missed the main point of her post...she wants to target very specific local businesses for her web design services. While that is cold calling, there's nothing random about it and "building a list" through a squeeze page will not get her strictly local leads. Your method would be much more random for her goals than reaching out directly.

        Besides, she was talking about making custom mock-ups for each business she targets, so these will clearly be targeted, personalized messages that she sends off one at a time. This technique makes her more compliant than 95% of the business models we see on this forum daily, and there is DEFINITELY nothing wrong with her approach legally or morally.

        I know you were trying to help (like you always are) and your advice is usually awesome...but you must have misread her post or her intentions. What she's asking about is one of the purest forms of internet marketing you can find.
        Signature

        Learn to sell like a pro through Web Synergy's marketing blog.

        {{ DiscussionBoard.errors[9944881].message }}
        • Profile picture of the author Steve B
          Originally Posted by kk075 View Post

          Hey Steve-

          I think you missed the main point of her post...she wants to target very specific local businesses for her web design services.

          kk075,

          My apologies to you and Cyndi if she is targeting businesses with specific ideas to help them.

          I still stand by what I shared in my post regarding unsolicited email, Can-Spam, and the general practice that is very widespread of companies that mass mail to random (meaning they have no established relationship with the prospect) email addresses trying to play a "numbers game" by hoping to appeal to a few while mailing to thousands.

          Ethical emailing to targeted audiences is what we should all strive for.

          Steve
          Signature

          Steve Browne, online business strategies, tips, guidance, and resources
          SteveBrowneDirect

          {{ DiscussionBoard.errors[9945328].message }}
      • Profile picture of the author iAmNameLess
        Originally Posted by Steve B View Post

        The downsides to the "cold calling" method of mailing to random prospects are many. In addition, it can hurt your reputation as a marketer and you and your business will be seen by some as spammers (whether you technically are or not). I don't recommend doing this. I don't know any successful business owners that recommend it.
        You don't know of legitimate, successful business owners that recommend cold calling? ATT, Charter Communications, Time Warner, Yelp, Hubspot, 1and1.com, State Farm, are just a few examples of well known, successful companies that use cold calling and cold marketing techniques.

        It only hurts your reputation when you don't honor unsubscribes or "take me off your list" requests. I understand why you would say that though, there are quite a few out there that give a bad perception to the tactic, but that's the same with pretty much everything.
        {{ DiscussionBoard.errors[9948134].message }}
    • Profile picture of the author whatjut
      Originally Posted by Cyndi Kates View Post

      While my marketing plan is concentrated on local businesses only, not the entire web, I really wasn't sure if it was an effective way to 'break the ice' with local small businesses, as opposed to walking into their store, shop, or business and asking them to hear/see my pitch.
      Hold on! If you can go in store by store, your sales conversion will be much higher per contact. Don't just take the e-mail route. I'd recommend both, but possibly keeping local leads out of your e-mail marketing list. Although some people would argue that you should leave them in the e-mail list so they have more contact with your business, name recognition, etc. I guess my whole point is you should also pop in with a computer for a minute and introduce yourself and their new website. Track the results per contact and find out what kind of higher success rate you have. You may need to take your show on the road.
      {{ DiscussionBoard.errors[9950056].message }}
  • Profile picture of the author Matthew Iannotti
    It's perfectly LEGAL to email any business you want as long as you follow the guidelines within CAN-SPAM.

    The thing some of you should worry about is just because it's legal and allowed, doesn't mean your ISP or web host will allow you to do it as most ISP's and hosting companies have strict policies in place within their terms of service.
    {{ DiscussionBoard.errors[9943381].message }}
    • Profile picture of the author Cyndi Kates
      Originally Posted by Matthew Iannotti View Post

      It's perfectly LEGAL to email any business you want as long as you follow the guidelines within CAN-SPAM.

      The thing some of you should worry about is just because it's legal and allowed, doesn't mean your ISP or web host will allow you to do it as most ISP's and hosting companies have strict policies in place within their terms of service.
      Considering your response, I might need to look into that as well. However, being I am still on HostGator servers until my plan expires, and I go to VPS, it would seem, I need not worry much, after all isn't HG (EIG) known for allowing spammers and other deceptive tactics on their servers?

      Personally, I likely won't be sending enough emails to trigger a red flag (*or at least I hope not to) - but, I appreciate the info, as I am learning a lot on this thread.
      {{ DiscussionBoard.errors[9943555].message }}
      • Profile picture of the author Matthew Iannotti
        Originally Posted by Cyndi Kates View Post

        Considering your response, I might need to look into that as well. However, being I am still on HostGator servers until my plan expires, and I go to VPS, it would seem, I need not worry much, after all isn't HG (EIG) known for allowing spammers and other deceptive tactics on their servers?

        Personally, I likely won't be sending enough emails to trigger a red flag (*or at least I hope not to) - but, I appreciate the info, as I am learning a lot on this thread.

        I couldn't tell you if HG would allow that or not, it's best to look at their terms of service. Ideally, you would want to use a private smtp server. You can find them in Google. There are services like Aweber, but for non-optins, however, there prices start at around $400.00 per month.
        {{ DiscussionBoard.errors[9944212].message }}
        • Profile picture of the author nicheblogger75
          Originally Posted by Matthew Iannotti View Post

          I couldn't tell you if HG would allow that or not, it's best to look at their terms of service. Ideally, you would want to use a private smtp server. You can find them in Google. There are services like Aweber, but for non-optins, however, there prices start at around $400.00 per month.
          Actually, I don't think it would be anywhere near $400.00 a month, depending on email send quantity. I just took a look around and it looks like the more well-known SMTP services like Sendgrid & Mandrill actually have packages available for as low as $10 a month. The $10 a month package would allow you to send up to 40,000 emails per month.

          However, that may not include "email marketing," which you would need in order to have an "unsubscribe" feature. Even with that feature included, however, I'm seeing pricing as low as $80 per month which would also include up to 100,000 emails per month.

          It seems to me you could get set up nicely if you had the software to work with the SMTP server (the one I have works great and was only $25), and the SMTP package. So I think for around $100 you could get up and running nicely with something like this. I'm thinking you wouldn't get close to sending out 100,000 emails a month doing something like this.
          {{ DiscussionBoard.errors[9944236].message }}
  • Profile picture of the author DIABL0
    You need to be can-spam compliant.

    1. Have an unsubscribe link in the message.
    2. You need to remove any address with in 10 days of unsubscribing.
    3. You need to have your mailing address in the message. Getting and
    using an address from UPS store is fine.

    There's other things like not using misleading subject lines, not using
    fake headers, etc... But the key stuff is the above, as I doubt your
    doing anything misleading.

    I doubt you will have any issues. Your contacting them because of an
    issue with their site and trying to help them.
    Signature
    How to Build LARGE EMAIL LISTS on a Budget and MONETIZE Like a PRO
    20+ Years Exp . . . . . . . . . . . . Email - CPA - PPL
    {{ DiscussionBoard.errors[9943617].message }}
  • Profile picture of the author Gene Pimentel
    As others have stated, there is nothing wrong with contacting businesses with your offer as long as you follow these rules: https://www.ftc.gov/tips-advice/busi...guide-business
    {{ DiscussionBoard.errors[9944251].message }}
  • Profile picture of the author Brent Stangel
    Is It Legal to Contact Businesses Via Email w/ Offers?
    After a few minutes on the FTCs site I can only say, "Good luck with that!"

    You might want to get your legal info. from a slightly more reliable source then an IM forum.
    Signature
    Get Off The Warrior Forum Now & Don't Come Back If You Want To Succeed!
    All The Real Marketers Are Gone. There's Nothing Left But Weak, Sniveling Wanna-Bees!
    {{ DiscussionBoard.errors[9944255].message }}
    • Profile picture of the author nicheblogger75
      Originally Posted by Brent Stangel View Post

      After a few minutes on the FTCs site I can only say, "Good luck with that!"

      You might want to get your legal info. from a slightly more reliable source then an IM forum.
      I just read through this page on the FTC site:

      https://www.ftc.gov/tips-advice/busi...guide-business

      It actually seems pretty straightforward to me. Surprisingly, it's pretty much outlined in black and white.

      They actually make it pretty easy for you to determine whether or not your message is subject to the CAN-SPAM act, and if it is, how to be compliant.

      I definitely take your point, however. Screwing up can cost you LOTS of money!
      {{ DiscussionBoard.errors[9944284].message }}
    • Profile picture of the author Matthew Iannotti
      Originally Posted by Brent Stangel View Post

      After a few minutes on the FTCs site I can only say, "Good luck with that!"

      You might want to get your legal info. from a slightly more reliable source then an IM forum.
      Huh?

      https://www.ftc.gov/tips-advice/busi...guide-business
      {{ DiscussionBoard.errors[9944376].message }}
      • Cyndi,

        Try out LinkedIn InMail -- Look for the decision makers in the relevant departments of your target businesses. Get their names. Search for them in LinkedIn. Send them a brief professional introduction of your relevant pedigree, a brief "what's in it for them" overview of your custom proposal, and how they can contact you to discuss your custom proposal in more detail -- Remember, you're out to entice a response out of them, and not close a sale then and there ...

        LinkedIn InMail notifications reach inboxes all of the time, in my experience. People who can be sent InMails in LinkedIn are those who have agreed to receive them; and

        Also based on my experience -- People who receive LinkedIn notifications in their inboxes about InMails regarding custom collaboration proposals and partnership requests are very receptive of such offers. A few would politely turn you down if your custom offer doesn't match their current needs (of course), and in my experience:

        If they don't have a need at the moment for whatever you have -- Many of them'd willingly forward your custom proposal to their colleagues in other companies that may have a need for what you're offering. Here's one recent thing (out of many good things) that I've gained from my LinkedIn InMail-sending campaigns:

        Just last month, I sent an InMail to former CEO of Australia's largest telco, five days before he retired. We had a very interesting conversation. He politely forwarded my custom proposal to his colleagues who handle service acquisitions. And, right now -- We're closing a very good contract for our call center ...

        BUT ...
        OF COURSE ...

        It depends on the value of your custom proposal for your recipients, and how well you package that into a less than 200-word business letter, and your reputation in relevant industries, and you or your company's strategic B2B alliances ...

        So, cover all or at least three of those, and let us know your results ...
        Signature
        • Deep Learning & Machine Vision Engineer: ARIA Research (Sydney, AU)
        • Founder: Grayscale (Manila, PH) & SEO Campaign Manager: Kiteworks, Inc. (SF, US)
        {{ DiscussionBoard.errors[9944416].message }}
  • Profile picture of the author winsoar
    That is what my Email Marketing Robot does. You will have to check the local laws, but in general it is legal to contact a company if they put their email address on their website. You shouldn't add them to a mailing list without their permission, and shouldn't spam them. But by all means you can ask a question to see if they would be interested in receiving more information from you.
    Signature

    Visit my official blog: James Winsoar and learn how to generate 30+ new FREE leads a day on auto-pilot!

    {{ DiscussionBoard.errors[9944418].message }}
  • Profile picture of the author Slade556
    It may be legal but I don't think this method is very effective. People will probably delete your email without even opening it (because they might think it's spam).
    I've also heard about people pitching their ideas over the phone. That's even worse, actually.
    {{ DiscussionBoard.errors[9944661].message }}
    • Profile picture of the author winsoar
      Originally Posted by Slade556 View Post

      It may be legal but I don't think this method is very effective. People will probably delete your email without even opening it (because they might think it's spam).
      I've also heard about people pitching their ideas over the phone. That's even worse, actually.
      You know, I've been involved in B2B lead generation for 4 years now using cold outreach emails, and it can be extremely effective. Sending one email to one business is not going to annoy anyone very much, especially if the speed of sending is limited as to not annoy the service provider.

      As long as the offer is matched closely with the needs of the prospect, and the email does not sell to them, then it is a win-win situation. It definitely does not work for every industry, but where the seller has a great offer that is going to save time or money, then businesses will reply back asking for more info.

      B2B cold outreach emails was a tactic recommended recently at a major Growth Hacking conference.
      Signature

      Visit my official blog: James Winsoar and learn how to generate 30+ new FREE leads a day on auto-pilot!

      {{ DiscussionBoard.errors[9944712].message }}
  • Profile picture of the author CyberAlien
    One thing that I haven't seen mentioned is that a good amount of states also have laws related to spam. Don't just follow the CAN-SPAM Act and assume you're totally safe. If you're violating the laws of your state, you're still at risk.
    {{ DiscussionBoard.errors[9944693].message }}
    • Profile picture of the author Skipper
      It might be legal, yes. But we business owners get so many emails that yours feel like spam, no matter if this is your first email or the twentieth.

      People who mail me unsolicited will get on my spam filter in a second. Legal or not, you will never get my business by emailing me.

      If you want my business, make sure I can find you when the need (mine, not yours!) arises.

      Just my opinion, but I know this is shared by many small business owners.
      {{ DiscussionBoard.errors[9944720].message }}
      • Profile picture of the author winsoar
        Originally Posted by Skipper View Post

        It might be legal, yes. But we business owners get so many emails that yours feel like spam, no matter if this is your first email or the twentieth.

        People who mail me unsolicited will get on my spam filter in a second. Legal or not, you will never get my business by emailing me.

        If you want my business, make sure I can find you when the need (mine, not yours!) arises.

        Just my opinion, but I know this is shared by many small business owners.
        Have you ever had someone email you asking you a question? It could be that they could help you with your business in some way. If done correctly, a cold outreach email is not perceived as being spam. It just needs some imagination to get the message right.

        I do agree though, most often it is done the wrong way, and those emails just get deleted.

        One way that works extremely well is inviting local business owners to business networking events and seminars. That creates a win-win situation, because they can advertise their business to other business owners in the room, but at the same time a relationship is being built with them.
        Signature

        Visit my official blog: James Winsoar and learn how to generate 30+ new FREE leads a day on auto-pilot!

        {{ DiscussionBoard.errors[9944739].message }}
  • Profile picture of the author Steve MacLellan
    Last year Canada passed anti-spam legislation taking effect on July 1, 2014. The law is supposed to be world wide, although I have no idea how they plan to enforce it. The penalties for each violation can be up to $1-million for an individual and up to $10-million for companies.

    For reference please see:
    New anti-spam law

    Regards,
    Steve MacLellan
    {{ DiscussionBoard.errors[9944965].message }}
    • Profile picture of the author Smeltzer
      Originally Posted by Steve MacLellan View Post

      Last year Canada passed anti-spam legislation taking effect on July 1, 2014. The law is supposed to be world wide, although I have no idea how they plan to enforce it. The penalties for each violation can be up to $1-million for an individual and up to $10-million for companies.

      For reference please see:
      New anti-spam law

      Regards,
      Steve MacLellan
      99 percent of the world and in Canada contacting someone asking them if they need work done is not illegal or considered spam it is how business is done. Happens in the off-line world too. Kids go around say hey you need your lawn mowed. Are they spamming? No they are trying to make a dollar in exchange for there services.

      Also they can not enforce that law worldwide as it would force them to establish world domination. Let's be real. Canada can not dominate Canada let alone the whole world. there laws is just toilet tissue to everyone else in the world unless there country signs over there sovereignty to Canada. Good luck with that. It is one those things no one wants to give up there countries freedoms to play nice with Canada. Well USA might they bend over for everyone here of late. Yet even if the USA decides to play nice our constitution would specifically forbid it. It can be argued and won in the federal courts.

      Yeah if they REALLY push it they can most likely in the USA monitor it under the can spam act. However once again a good lawyer can argue it away and make it disappear. Which chances are you will not have anything to worry about anyway as they only want to go after people that they know they can fry and can make them a lot of money. See Federal laws are about money. They usually leave the poor smucks trying to make a honest dollar alone.Someone wanting to do honest work usually does not have a FEW HUNDRED MILLION for them to steal and then take them to court over some trumped up false charges.

      Kinda like that one time they stole 150 million of this marketers money. Stole all his properties and his vehicles. Took him to court by the time it was done his stuff was done sold at auction and he WON the case yet there he was penniless. He cleared his name at the cost of everything he owned.
      {{ DiscussionBoard.errors[9945045].message }}
  • Profile picture of the author adrienneaileen24
    Of course it is legal. There is no doubt about it. Today most of the people are doing this kinds of business. Rest people are using social media sites to do the business.
    Signature

    Feeling good

    {{ DiscussionBoard.errors[9945293].message }}
  • Profile picture of the author Multimedianaire
    Hi Cyndi,

    I was browsing through the forum and thought I'd chime in because I'm currently in the process myself of planning a sales system for a new business and thinking a lot about the opening lines of the first email that will get sent out. My 16 year old son wants to get into sales and I'm helping him (and me) by getting him involved in designing and building an effective cold-emailing system for this business.

    I don't really see a problem if you have identified specific needs or pains in your target market and your intention is to contact prospective customers to see if they are open to exploring a relationship where your services can provide genuine solutions.

    I believe most people have the right intention to explore a business opportunity with a potential prospect, but get things wrong in their approach to cold-emailing businesses, because they haven't spent enough time planning and thinking through their sales process.

    I spent a number of years helping small businesses implement effective sales systems that included cold-calling other businesses. I would spend a lot of time with clients initially flowcharting processes and scripts to help them work out the criteria that identified someone as a prospect and once these were identified, how to better understand their needs and pain points. A lot of work went into thinking things through before my clients even started contacting other businesses, but once the cold-calling began, the process was always very effective and consistently produced great results.

    With cold-calling, the initial call was always a short script, not designed to sell anything, but to get an appointment so we could evaluate the business owners needs. Only when needs were properly understood, could we then assess if the business owners were prospects or not and if so, we would then arrange a second appointment to present them with solutions.

    Some people will recognize this as the highly effective sales system described in Michael Gerber's classic "E-Myth" books.

    My point is, actively seeking new business whether by cold-calling or cold-emailing is perfectly legal from an "intention" point of view, but you really need to think through all the details of your sales process before implementing an "approach". Using bulk emailing software to move through a huge list of leads can be used in a genuine sales process, or be used to spam.

    If you're going to try and sell something in your very first point of contact to someone who hasn't even qualified themselves in or out as a prospect for your services, then you really need to be sure that you have accurately pinpointed and understood all of their needs, pains and motivations in your email copy. Otherwise, I don't see how the approach of emailing someone a sales pitch would be any different than what spammers usually do. In my opinion, it would be better to think of how you can use that email to start building a relationship with the people you contact, and how the rest of your sales process is going to continue supporting that relationship.

    Good luck and I wish you great success
    Signature
    The Complete Step-By-Step WordPress User Manual - 2,100+ Pages of detailed step-by-step tutorials with everything you need to know to use your WordPress site effectively (regularly updated)!
    {{ DiscussionBoard.errors[9945571].message }}
    • Profile picture of the author Smeltzer
      Originally Posted by Multimedianaire View Post

      Hi Cyndi,

      I was browsing through the forum and thought I'd chime in because I'm currently in the process myself of planning a sales system for a new business and thinking a lot about the opening lines of the first email that will get sent out. My 16 year old son wants to get into sales and I'm helping him (and me) by getting him involved in designing and building an effective cold-emailing system for this business.

      I don't really see a problem if you have identified specific needs or pains in your target market and your intention is to contact prospective customers to see if they are open to exploring a relationship where your services can provide genuine solutions.

      I believe most people have the right intention to explore a business opportunity with a potential prospect, but get things wrong in their approach to cold-emailing businesses, because they haven't spent enough time planning and thinking through their sales process.

      I spent a number of years helping small businesses implement effective sales systems that included cold-calling other businesses. I would spend a lot of time with clients initially flowcharting processes and scripts to help them work out the criteria that identified someone as a prospect and once these were identified, how to better understand their needs and pain points. A lot of work went into thinking things through before my clients even started contacting other businesses, but once the cold-calling began, the process was always very effective and consistently produced great results.

      With cold-calling, the initial call was always a short script, not designed to sell anything, but to get an appointment so we could evaluate the business owners needs. Only when needs were properly understood, could we then assess if the business owners were prospects or not and if so, we would then arrange a second appointment to present them with solutions.

      Some people will recognize this as the highly effective sales system described in Michael Gerber's classic "E-Myth" books.

      My point is, actively seeking new business whether by cold-calling or cold-emailing is perfectly legal from an "intention" point of view, but you really need to think through all the details of your sales process before implementing an "approach". Using bulk emailing software to move through a huge list of leads can be used in a genuine sales process, or be used to spam.

      If you're going to try and sell something in your very first point of contact to someone who hasn't even qualified themselves in or out as a prospect for your services, then you really need to be sure that you have accurately pinpointed and understood all of their needs, pains and motivations in your email copy. Otherwise, I don't see how the approach of emailing someone a sales pitch would be any different than what spammers usually do. In my opinion, it would be better to think of how you can use that email to start building a relationship with the people you contact, and how the rest of your sales process is going to continue supporting that relationship.

      Good luck and I wish you great success
      Someone actually gave some great advice without any fear mongering or finger pointing or blaming or threatening. You sir deserve 10000 internets and Cyndi PLEASE listen to what he is saying and ignore all these others in this thread. As I said they have no clue what they are speaking of. This guy has experience listen to him not people just trying too hard to look good.
      {{ DiscussionBoard.errors[9945640].message }}
  • Profile picture of the author adrienneaileen24
    Of course it is regal, there is no doubt about it. Why you think it is illegal? There are many ways to run any business, you can choose any way form a huge list of way. I hope already you got your questions answer.
    Signature

    Feeling good

    {{ DiscussionBoard.errors[9948172].message }}
  • Profile picture of the author Cyndi Kates
    With so many informative responses, I simply do not have time to respond to each one individually, so, first of all Thank-You all for providing insight, (some more than others0, I appreciate it.

    As it has been mentioned, I plan to target local businesses to offer web based and mobile services, nothing more.

    Obviously, I understand being able to physically 'walk-in' and present a demo or short presentation would be my first choice of actively attracting new clients, and possibly closing some sales orders. (However, this method is very time consuming, and to date I haven't perfected my skills to sell on the spot, so to speak, lol)

    Next, I was looking at 'software' that collects (scrapes) emails from geo-targted locations, and whom do have this email listed on their website as a form of contacting them.

    Lastly, I too have been exploring "Growth Hacking" as iAmNameless appears to refer to in post #37, whereby, major corporations use these (and similar) techniques to generate leads and large volumes of B2B prospective clients.

    In closing, I do not want to SPAM anyone, nor are my expectations to send 10 Million emails out simultaneously, just in-hopes of selling an affiliate product to a global business market, or to scam businesses into a 3rd party sale.

    I have some experience as an affiliate marketer, and I do understand that driving traffic to a pre-sell, sales page, or squeeze-page is without a doubt the preferred method of building a relationship within a chosen niche or buyers market. But, to develop a local presence or say that within a 100 mile radius, trying to drive traffic to an opt-in page would seem a bit hideous, and likely wouldn't work to well.

    While I am glad to have asked the question here, I am still a bit reluctant to utilize this method as I have been researching the pro's and con's fairly extensively, in-between developing my 'offline' service packages and marketing strategies.

    All-in-all, Thanks everyone, I appreciate the diversity in which each has contributed, as it will help greatly in my final decision as to use this method or not.
    {{ DiscussionBoard.errors[9955391].message }}
  • Profile picture of the author Jack Hunter
    Lol. So many people here giving legal advice while they are clueless.

    Its NOT legal according to this:
    https://www.ftc.gov/tips-advice/busi...guide-business

    People sending commercial emails without being given prior permission is entire point of why CAN SPAM came to exist.

    Anybody contacting me with 'hey, I can improve your website, it looks outdated', or similar nonsense gets reported by me right away, and email marked as spam/harassment. As I doubt I am only person doing that, and government just LOVES the "Each separate email in violation of the CAN-SPAM Act is subject to penalties of up to $16,000, so non-compliance can be costly."part emailing people like me will end your business before it even begins.

    I also report anybody calling me with offers as all my phones are on NO CALL lists with USA and Canada.

    If people were ok with being spammed, CAN SPAM would not exist. Just lol.
    {{ DiscussionBoard.errors[9955621].message }}
    • Profile picture of the author Mark Singletary
      I may have missed this part, but where does it say anything about needing prior permission?

      Mark

      Originally Posted by Jack Hunter View Post

      Lol. So many people here giving legal advice while they are clueless.

      Its NOT legal according to this:
      https://www.ftc.gov/tips-advice/busi...guide-business

      People sending commercial emails without being given prior permission is entire point of why CAN SPAM came to exist.

      Anybody contacting me with 'hey, I can improve your website, it looks outdated', or similar nonsense gets reported by me right away, and email marked as spam/harassment. As I doubt I am only person doing that, and government just LOVES the "Each separate email in violation of the CAN-SPAM Act is subject to penalties of up to $16,000, so non-compliance can be costly."part emailing people like me will end your business before it even begins.

      I also report anybody calling me with offers as all my phones are on NO CALL lists with USA and Canada.

      If people were ok with being spammed, CAN SPAM would not exist. Just lol.
      {{ DiscussionBoard.errors[9955662].message }}
      • Profile picture of the author Jack Hunter
        Originally Posted by Mark Singletary View Post

        I may have missed this part, but where does it say anything about needing prior permission?

        Mark
        It might not be on that specific page but on one of other ones. Even easier is to take a look at ToS of virtually any Auto responder service, and notice that most of them now FORCE double opt in, to ensure Can Spam compliance.

        Look how many people are heavily fined and/or sitting in prison over their own interpretations: CAN-SPAM Act of 2003 - Wikipedia, the free encyclopedia

        Nice passages like "As of late 2006, CAN-SPAM has been all but ignored by spammers. A review of spam levels in October 2006 estimated that 75% of all email messages were spam, and the number of spam emails complying with the requirements of the law were estimated to be 0.27% of all spam emails. As of 2010, about 90% of email was spam.[28][29]" which interestingly enough is exactly in spirit of this thread. People spamming businesses trying to cold call.

        I am also affected by Canada-only version, which is even more restrictive.
        {{ DiscussionBoard.errors[9955694].message }}
    • Profile picture of the author kindsvater
      Originally Posted by Jack Hunter View Post

      Lol. So many people here giving legal advice while they are clueless.

      Its NOT legal
      Pot meet kettle. Kettle meet pot.

      Sorry Jack, you are completely wrong.

      It is legal to advertise by email without prior permission. To suggest otherwise violates the First Amendment.

      CAN-SPAM, however, sets guidelines for what is a permissible advertisement. Examples: There must be an opportunity to opt-out. The email must contain truthful headers.

      You don't have a legal right to claim $16,000 per unsolicited email.

      Assuming someone calls your business number with a promotion, that is not subject to the FTC do not call list.

      Ironically, by making false accusations against businesses because you do not like advertising you could be subject to legal action if a false complaint harms the business.

      To cover a few bases:

      Email advertising: Unsolicited email is legal, but needs to comply with CAN-SPAM.

      Fax advertising: Not legal without advance permission or a relationship.

      Hard line phone call advertising: Legal to businesses. For consumers comply with the Do Not Call lists.

      Cell phone call advertising. Not legal without express advance permission.

      Cell phone text advertising: Not legal without express advance permission.

      Door to door advertising: Generally legal.

      Radio advertising: Legal

      TV Advertising: Legal

      Newspaper and magazine advertising: Legal

      Banner behind airplane advertising: Legal

      Drone advertising: Probably not legal until drone regulations are in place.

      Movie theatre ads: Legal

      Shopping cart ads: Legal

      People waving signs on street corners: Legal

      Ads you are forced to watch on the DVD you bought: Legal

      Ads in ebooks: Legal

      Ads on Warrior Forum for Jack to view: Legal

      .
      {{ DiscussionBoard.errors[9955677].message }}
      • Profile picture of the author Jack Hunter
        Originally Posted by kindsvater View Post

        Pot meet kettle. Kettle meet pot.

        Sorry Jack, you are completely wrong.

        It is legal to advertise by email without prior permission. To suggest otherwise violates the First Amendment.


        .
        Are you under the impression that everybody here lives in USA and only does business with USA for some reason?

        Just like USA can issue fines and arrest warrants to Australian citizen, so can Canada if American does not obey Canadian regulations when emailing a Canadian.

        I might be more careful about this stuff than most folks, but i have lot more to lose as well as i actually make decent chunk of dough through email marketing.
        {{ DiscussionBoard.errors[9955698].message }}
    • Profile picture of the author kindsvater
      Originally Posted by Jack Hunter;

      Are you under the impression that everybody here lives in USA and only does business with USA for some reason?
      No. But your initial post only referred to the US email law and the US FTC so that was the only direction me and others had in responding - and clarifying what the CAN-SPAM law allows and does not allow.

      In particular, the representations you made were incorrect about the CAN-SPAM law so it was necessary to address the issue so others would not be misinformed.

      If your initial post had referred to Canada's email law you would have received different responses.

      .
      {{ DiscussionBoard.errors[9955850].message }}
  • Profile picture of the author Claire Koch
    Cindi if i were you i take this to the offline section some folks who have no clue about this might be confusing you with their negative comments they obviously are not offline marketers or they would already know you can do unsolicited email if you abide by the can spam laws
    {{ DiscussionBoard.errors[9955690].message }}
    • Profile picture of the author Jack Hunter
      Originally Posted by Claire Koch View Post

      Cindi if i were you i take this to the offline section some folks who have no clue about this might be confusing you with their negative comments they obviously are not offline marketers or they would already know you can do unsolicited email if you abide by the can spam laws
      Don't give legal advice. Realism is not 'negativity', its called covering your ass.
      {{ DiscussionBoard.errors[9955703].message }}
      • Profile picture of the author Claire Koch
        if in canada do as the canadians jack and carry on please, thanks for bringing it up but why would she market in canada? you're way over the top.

        heres the rules a full name, a email address, a phone number, your address or p.o. box and a way to unsub.
        (if you are not interested in my email please reply with remove in the subject line)
        a google number and p.o. box is fine

        if you can do that you are ok according to can spam. i did not give legal advice i said follow the rules theres nothing wrong with that is there jack? if the rules have changed thats important but we all need to keep up with the rules

        the question is ARE you being real or kind of out there about this. Jimminy crickets

        Originally Posted by Jack Hunter View Post

        Don't give legal advice. Realism is not 'negativity', its called covering your ass.
        {{ DiscussionBoard.errors[9955714].message }}
        • Profile picture of the author Jack Hunter
          Originally Posted by Claire Koch View Post

          if in canada do as the canadians jack and carry on please, thanks for bringing it up but why would she market in canada? you're way over the top.
          Discussion is not about why would OP market in X country, its about legality of sending out emails to people who never heard of you, and who never expressed interest in you or your service.

          And when doing business on the internet, where person might be in Canada, or Australia or wherever, and use gmail, for example, you cannot just play by whatever laws suit you.

          Amazon had to cancel affiliate programs on state by state basis, tax laws differ on state by state basis,what makes you think you can disregard entire countries and just spam away because you see email on a website?
          {{ DiscussionBoard.errors[9955720].message }}
          • Profile picture of the author Claire Koch
            oh my (you figure out how to have the last word Jack) you dont get it. im known for editing posts i edit every post i write on here lol that was creative tho. Its just my thing like being online since 1996. Reading can spam laws etc its just what i do. its not illegal.
            {{ DiscussionBoard.errors[9955737].message }}
            • Profile picture of the author Jack Hunter
              Originally Posted by Claire Koch View Post

              oh my (you figure out how to have the last word Jack) you dont get it.
              I do get it. I have no respect for your kind. Do whatever you are doing, I hope you end up in prison and learn a lesson while setting public example to rest of spammers.

              You should also go inform yourself on proper forum etiquette. Its extremely disrespectful to everyone here to constantly edit your posts. It also shows possible mental issues. Decide what you want to state. State it. Then leave your post alone. Have some integrity.
              {{ DiscussionBoard.errors[9955746].message }}
              • Profile picture of the author Claire Koch
                We all edit our posts here we old crazy warriors but all know its nuts to try to stop illegal spam
                by ourselves as well, trying to do that is whats crazy

                and writing stuff like i hope you go to jail could sometimes get one banned. That wasnt very nice jack. i also miss spell words woe is me.

                you didnt invent double opt in but you do need to take a deep breath and calm down

                Originally Posted by Jack Hunter View Post

                I do get it. I have no respect for your kind. Do whatever you are doing, I hope you end up in prison and learn a lesson while setting public example to rest of spammers.

                You should also go inform yourself on proper forum etiquette. Its extremely disrespectful to everyone here to constantly edit your posts. It also shows possible mental issues. Decide what you want to state. State it. Then leave your post alone. Have some integrity.
                {{ DiscussionBoard.errors[9955763].message }}
                • Profile picture of the author Jack Hunter
                  Originally Posted by Claire Koch View Post

                  We all edit our posts here we old crazy warriors but all know its nuts to try to stop illegal spam
                  by ourselves as well, trying to do that is whats crazy

                  and writing stuff like i hope you go to jail could sometimes get one banned. That wasnt very nice jack. i also miss spell words woe is me.
                  Banned? So what I learned so far about you is that you are bitter, incompetent old woman who cant spell English to save her life, gives faulty legal advice and likes to make threats, while not respecting people she wants to give her money and spamming.

                  You should be ashamed of yourself. If age should be about anything, it should be about knowing better. Unless you want to claim senility or some other age related mental issue.

                  Quite frankly I am surprised you did not toss in back pain, or hospital yet, but if I went through your posts I'm sure I'd find such examples.

                  I might be twice your age for all you know.

                  And stating that I'd like to see criminal in prison should not be banable offense on ANY forum. You DESERVE to go to prison. Understand that.
                  {{ DiscussionBoard.errors[9955773].message }}
                  • Profile picture of the author Claire Koch
                    Jack let it go ok i'm not calling you names. you need to stop it
                    {{ DiscussionBoard.errors[9955777].message }}
                    • Profile picture of the author Jack Hunter
                      Originally Posted by Claire Koch View Post

                      Jack let it go ok i'm not calling you names. you need to stop it
                      You might want to reassess your attitude. I do not let people like you attack my character. Maybe others let you slide. I wont. My next step is to go blog about you so when people Google your name they get to read 2000 word article on why they should never do any sort of business with you.

                      I'm thinking of making entire niche blog all about folks like you. So far, only one person motivated me to write about how much I find his tactics deplorable, name escapes me for the moment but hes here on these forums, guy who owns Listwire.
                      {{ DiscussionBoard.errors[9955783].message }}
                      • Profile picture of the author Claire Koch
                        i wouldnt do that if i were you do you want someone to write a 2000 word article about you and how they shouldnt do business with you? if you hate spam so be it. But demoralizing someone who doesnt agree with you and ruining someones name can also end up being a problem for you as well.
                        {{ DiscussionBoard.errors[9955792].message }}
                        • Profile picture of the author Jack Hunter
                          Originally Posted by Claire Koch View Post

                          i wouldnt do that if i were you do you want someone to write a 2000 word article about you and how they shouldnt do business with you? if you hate spam so be it. But demoralizing someone who doesnt agree with you and ruining someones name can also end up being a problem for you as well.
                          Nothing I do can be problem for me. I am a master of using negative publicity to turn a profit. Go take a look at what i do on YouTube and Facebook. I have 3 Klout accounts, lowest one is one linked to my name, as I tend to do very little to no business as me, yet its still Klout 52-55, others are over 80.

                          Rodger Elliot went on a killing spree, following day I made $17k from him and his mental illness. That's business.

                          When it comes to people like me, there is no such thing as bad publicity. I am not trying to be a nice guy, or a mentor, nor do I teach folks how to not make money and lose their shirt like so many experts here try to

                          No. My schtick is that I am as real as it gets. I do not pretend to be something I am not. So if you wrote 2000 word article on me, and it ended up someplace like Reddit, there are thousands of folks who know me well, who went to MIT and Boston U. with me who would most likely just add fuel to the fire. In the end I'd end up finding a way to cash in on it.

                          So you feel free to do whatever you like, but I have you on list of usual suspects if this account on WF (one of six, but I am far too lazy to go look for access to my 'year one' WF account to show off how I am one of original warriors) ceases to function as expected.

                          Btw, did LinkedIn change how they do things or are you actively hiding your profile there? Its strange to hide social media accounts. Makes people wonder.
                          {{ DiscussionBoard.errors[9955858].message }}
                          • Profile picture of the author Claire Koch
                            do you believe in God? He doesnt want me to harm you. So dont think im doing anything to you. but i cant say what God will do or what will end up happening if you harm me or other peope you are mad at for reasons I dont understand i have nothing against you. So i wrote that. I know what God is capable of. Btw i'm not a spammer of any sort so i dont get why you detest me either or called me names. how do you hide a profile?

                            Originally Posted by Jack Hunter View Post

                            Nothing I do can be problem for me. I am a master of using negative publicity to turn a profit. Go take a look at what i do on YouTube and Facebook. I have 3 Klout accounts, lowest one is one linked to my name, as I tend to do very little to no business as me, yet its still Klout 52-55, others are over 80.

                            Rodger Elliot went on a killing spree, following day I made $17k from him and his mental illness. That's business.

                            When it comes to people like me, there is no such thing as bad publicity. I am not trying to be a nice guy, or a mentor, nor do I teach folks how to not make money and lose their shirt like so many experts here try to

                            No. My schtick is that I am as real as it gets. I do not pretend to be something I am not. So if you wrote 2000 word article on me, and it ended up someplace like Reddit, there are thousands of folks who know me well, who went to MIT and Boston U. with me who would most likely just add fuel to the fire. In the end I'd end up finding a way to cash in on it.

                            So you feel free to do whatever you like, but I have you on list of usual suspects if this account on WF (one of six, but I am far too lazy to go look for access to my 'year one' WF account to show off how I am one of original warriors) ceases to function as expected.

                            Btw, did LinkedIn change how they do things or are you actively hiding your profile there? Its strange to hide social media accounts. Makes people wonder.
                            {{ DiscussionBoard.errors[9955872].message }}
                            • Profile picture of the author Jack Hunter
                              Originally Posted by Claire Koch View Post

                              do you believe in God? He doesnt want me to harm you. So dont think im doing anything to you. but i cant say what God will do or what will end up happening if you harm me or other peope you are mad at for reasons I dont understand i have nothing against you. So i wrote that. I know what God is capable of.
                              That is probably most unique variation on threat of consequence I've ever seen on Warrior forum.

                              Italian Mafia goes around killing people, but then they drop by local church, confess sins, drop few bucks in the box, and tabula rasa. Which gave me idea while back, to become a priest, just in case. It opens doors.

                              So, while I do not currently care about God of any sort either way, I think Christianity system is great, and I am licensed Reverend of the Church of Universal Life, so I can confess to myself, and donate to myself. All it took was one quick email, and they sent me this paper saying I am now a Minister. Cool. So I have IMMUNITY from God
                              {{ DiscussionBoard.errors[9955883].message }}
        • Profile picture of the author Jack Hunter
          Originally Posted by Claire Koch View Post

          if in canada do as the canadians jack and carry on please, thanks for bringing it up but why would she market in canada? you're way over the top.

          heres the rules a full name, a email address, a phone number, your address or p.o. box and a way to unsub.
          a google number and p.o. box is fine

          if you can do that you are ok according to can spam. i did not give leagal advice i said follow the rules theres nothing wrong with that is there jack?

          the question is ARE you being real or kind of out there about this.
          How do you KNOW that you are ONLY emailing Americans in states that have lax spam laws and where only concern is Can Spam?

          Ignorance of the law is not an excuse. Ever hear of that?

          Edit: Btw Claire, its nonsense how much you keep editing that post. Thats 3 times already. Give it a break. You telling somebody that something illegal is 'ok' is you giving legal advice, and that makes YOU legally liable if that person goes out, does it, and then states 'But claire told me its ok'.
          {{ DiscussionBoard.errors[9955727].message }}
  • Profile picture of the author Jack Hunter
    Ok, looked over https://www.ftc.gov/tips-advice/busi...guide-business again, to answer Mark, and if we look down on that page there is a part stating:

    " What are the penalties for violating the CAN-SPAM Act?"
    and
    "harvesting email addresses"

    Since what spammer folks here are doing is harvesting emails, as per:
    Email address harvesting - Wikipedia, the free encyclopedia
    which includes grabbing my email which is listed on my websites specifically for something like "to report error or omission" and then using it to solicit services, as well as using email I gave without permission to be emailed with offers, such as what some people selling solo ads do.

    Agreeing to be emailed by ... lets say Viacom in regards to possible volume discounts, does not mean you agree to be emailed by Disney trying to sell you new toys.

    Posting email to be contacted in case some links are broken, or information needs to be updated, legally, does NOT give anyone permission to harvest that email to try to sell me something.

    And then you people wonder why spammers like you get such stiff prison sentences. You are ABUSIVE in your promotional methods.
    {{ DiscussionBoard.errors[9955711].message }}
  • Profile picture of the author Jack Hunter
    And here: Canada's Law on Spam and Other Electronic Threats - Home - Canada's Anti-Spam Legislation

    Unless you know for a fact that you are not emailing a Canadian, you can end up in prison for emailing somebody like me without prior consent. And take my word on this, I do report each and every spammer. I HATE unsolicited junk. I find spammers to be bottom feeders of internet marketing community, detestable and despicable, and the minute I see marketer uses spam tactics, I lose any respect I might have had for that person and will trash their reputation whenever i can.

    To send unsolicited emails if you stating to the entire world that you are too incompetent to properly drive traffic, to poor to buy traffic, and that you have no integrity. So anybody doing business with you can count on being scammed. Its THAT simple.
    {{ DiscussionBoard.errors[9955740].message }}
  • Profile picture of the author StylesTom
    you can but most will ignore
    {{ DiscussionBoard.errors[9955750].message }}
  • Profile picture of the author Claire Koch
    so your like a nark that explains your raving. i wish to invite you to my main email box i have a bunch of spammers i need to get rid of I mean spammers not following any rules hiding behind fake autoresponders. apparently you dont know this but they are here to stay. Enjoy reporting them its been almost 40 years of it do you really think wasting your time reporting them will stop it? What we are talking about here and that are two different things.
    {{ DiscussionBoard.errors[9955754].message }}
    • Profile picture of the author Jack Hunter
      Originally Posted by Claire Koch View Post

      so your like a nark that explains your raving. i wish to invite you to my main email box i have a bunch of spammers i need to get rid of I mean spammers not following any rules hiding behind fake autoresponders. apparently you dont know this but they are here to stay. Enjoy reporting them its been almost 40 years of it do you really think wasting your time reporting them will stop it? What we are talking about here and that are two different things.
      Nark? You mean NARC? That would be you raving i guess, I see no sane reason to compare me to undercover narcotics police officer.

      There will always be evil in world we live in. That does not mean anybody here needs to contribute to it.

      I have been moving stuff online since before internet. I started out with BBS'. And in all these years I never did anything to compromise my integrity. I sell products and services to those who actually want them, I am not pushing them on suckers hoping to get a sale like spammers do.

      I probably invented double optin. Because its polite, reasonable way of respecting your customers.
      {{ DiscussionBoard.errors[9955761].message }}
  • Profile picture of the author Cyndi Kates
    Alright ladies and gents, my intentions were to start this thread to receive diverse answers, not bash each other. Claire thank-you for your response, and Jack, I understand and agree that spamming (by it's normal definition) should not be permitted, or even tolerated.

    However, the focus of my question - really never constituted a question of spamming local businesses, as opposed to learning whether or not sending an unsolicited email to a businesses contact email was in fact; legal?

    From the majority of responses, and from what I have read in the FTC and Can-Spam compliant procedures, it appears contacting them with an offer "IS NOT" illegal, provided I supply all the FTC compliant information, as Claire and others have suggested.

    Furthermore, whilst I realize that sending an 'unannounced' or 'unsolicited' random email offering my web design and marketing consultancy services may not be the most effective manner to approach new clients, I am curious to see if it can work, as the alternative is to walk-in to businesses (cold) within a 100 mile radius and attempt to pitch my services on spot, which I am not particularly good at, as I get cold feet, and nervous...

    Ultimately, the answers provided have been very informative. I appreciate all the responses, including the negative ones, and as someone else suggested, next time, I'll post in the 'offline' section as not to offend anyone!

    If I do 'test' this approach it would be with no more than 150-200 emails, as I am only seeking approx. 10-20 new clients to kickstart this offline web-based business venture, and test the marketplace.

    Also, for the record, my email would be both sincere, and offer the service for free for the first 30 days, so no scams running here, the client doesn't pay until they see measurable results. *That's the difference between SPAM and providing solutions, IMHO.

    Thanks All,

    Cyndi

    PS - My offerings are US based, just to clarify that I am NOT targeting Canadian Markets or ANY markets outside the US.
    {{ DiscussionBoard.errors[9955856].message }}
    • Profile picture of the author Jack Hunter
      Originally Posted by Cyndi Kates View Post

      However, the focus of my question - really never constituted a question of spamming local businesses, as opposed to learning whether or not sending an unsolicited email to a businesses contact email was in fact; legal?
      In your specific case, you living in USA and targeting only local businesses, its PROBABLY legal, but rather than asking here, I strongly advise you to pop into whatever lawyers office is near your home, or call one up at random, and just ask.

      Virtually every lawyer I've ever met is willing to give you quick answer in hopes you will look them up when next you need a lawyer, as if you had one, you would be asking one you have.
      {{ DiscussionBoard.errors[9955861].message }}
  • {{ DiscussionBoard.errors[9955892].message }}
  • Profile picture of the author abigayleabril9
    Sure, it is 100% legal. There are may way to do business, it is one of the technique. Any one can follow any way, there is no problem.
    Signature

    Feeling!!!!

    {{ DiscussionBoard.errors[9956003].message }}
  • Profile picture of the author Lightlysalted
    Yep spamming is illegal in many countries. That's why you have an opt in list. Best way to do it is to join a niche forum and then you can network
    {{ DiscussionBoard.errors[9956024].message }}

Trending Topics