It's not spam if you opted in...or is it?

Lance K · 09-11-2008, 10:45 PM

I cut & pasted this directly from the FTC site...
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It prohibits deceptive subject lines. The subject line cannot mislead the recipient about the contents or subject matter of the message.

It requires that commercial email be identified as an advertisement and include the sender's valid physical postal address. Your message must contain clear and conspicuous notice that the message is an advertisement or solicitation and that the recipient can opt out of receiving more commercial email from you. It also must include your valid physical postal address.

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Ruh roh, Rorge. I guess the "you signed up so it isn't spam" argument may not be such an iron clad defense.

Alex Sol · 09-11-2008, 11:02 PM

My emails always have my real address...

Deceptive subject lines? hmmmm

Lance K · 09-11-2008, 11:08 PM

Quote:

Originally Posted by kiev

My emails always have my real address...

Deceptive subject lines? hmmmm

Yeah, the deceptive subject lines one is the one I was really referring to.

And the "message must contain clear and conspicuous notice that the message is an advertisement or solicitation" part is what caught my eye in the second one. I don't really see too many people who aren't including a physical address.

Justin Jordan · 09-11-2008, 11:09 PM

"I guess the "you signed up so it isn't spam" argument may not be such an iron clad defense."

I think some crap that gets sent to list would qualify as spam under the general definition, but I believe the CAN SPAM bits you're quoting are specifically for unsolicited email.

"A "transactional or relationship message" – email that facilitates an agreed-upon transaction or updates a customer in an existing business relationship – may not contain false or misleading routing information, but otherwise is exempt from most provisions of the CAN-SPAM Act."

Is the bit that exempts people who have lists, probably, because the person you're sending to has entered into a relationship with you.

On the other hand, I have been added to list after downloading a product and at no point was I ever informed I was going to be added to a mailing list. Obviously, I knew I'd be added to their list, but I kind of suspect this lack of disclosure might invalidate the exemption above, because I'm not actually soliciting anything.

Not a lawyer, so I'm not sure. I do know that Amazon, for example, gave me the option of not getting their emails to begin with.

Lance K · 09-11-2008, 11:12 PM

Good points, Justin. I was wondering how the deceptive subject line thing was getting through. It's still pretty vague though ("most provisions"). But at least there is room for interpretation as written.

Justin Jordan · 09-11-2008, 11:26 PM

It's interesting, and you probably need to look up the actual bill and have it interpreted by a lawyer to be sure.

I don't think that most of the deceptive emails you get from lists (or at least the emails I get from lists) is probably not the kind of deceptive they're talking about. I think they're aiming towards the sort of emails where they appear to be about, say, a new version of the bible and ened up being for Tibetan midget porn.

The wikipedia entry goes into much greater detail, but it's wikipedia. This is the sort of thing wikipedia gets right, usually, but reader beware:

CAN-SPAM Act of 2003 - Wikipedia, the free encyclopedia

Chris Lockwood · 09-12-2008, 09:43 PM

What's your problem with Tibetan midget porn?

Have you watched any, or are you just assuming you wouldn't enjoy it?

BTW, the FTC page linked to above is dated April 2004.

Paul Myers · 09-12-2008, 11:01 PM

Quote:

BTW, the FTC page linked to above is dated April 2004.

The US Constitution is dated July, 1776.

As a general rule, American laws don't have expiration dates.

Paul

09-11-2008, 10:45 PM	#1
Lance K Senior Warrior Member War Room Member Join Date: Jun 2006 Location: USA Posts: 3,866 Thanks: 1,435 Thanked 646 Times in 405 Posts Contact Info	It's not spam if you opted in...or is it? I cut & pasted this directly from the FTC site... --------------------------------------------------------------------- It prohibits deceptive subject lines. The subject line cannot mislead the recipient about the contents or subject matter of the message. It requires that commercial email be identified as an advertisement and include the sender's valid physical postal address. Your message must contain clear and conspicuous notice that the message is an advertisement or solicitation and that the recipient can opt out of receiving more commercial email from you. It also must include your valid physical postal address. --------------------------------------------------------------------- Ruh roh, Rorge. I guess the "you signed up so it isn't spam" argument may not be such an iron clad defense.
	"You can have everything in life that you want if you just give enough other people what they want." ~ Zig Ziglar

09-11-2008, 11:02 PM	#2
Alex Sol Advanced Warrior War Room Member Join Date: Oct 2007 Location: Montreal, QC, Canada. Posts: 621 Thanks: 163 Thanked 160 Times in 55 Posts Social Networking Contact Info	Re: It's not spam if you opted in...or is it? My emails always have my real address... Deceptive subject lines? hmmmm
	Be The Warrior. Donate to Kim W! New Blog Post --> How to Rank on Google's 1st Page - Step by Step (5,000 views in 2 days!) <--

09-11-2008, 11:09 PM	#4
Justin Jordan Advanced Warrior War Room Member Join Date: Oct 2007 Location: The wilds of Pennsylvania Posts: 772 Thanks: 45 Thanked 119 Times in 62 Posts	Re: It's not spam if you opted in...or is it? "I guess the "you signed up so it isn't spam" argument may not be such an iron clad defense." I think some crap that gets sent to list would qualify as spam under the general definition, but I believe the CAN SPAM bits you're quoting are specifically for unsolicited email. "A "transactional or relationship message" – email that facilitates an agreed-upon transaction or updates a customer in an existing business relationship – may not contain false or misleading routing information, but otherwise is exempt from most provisions of the CAN-SPAM Act." Is the bit that exempts people who have lists, probably, because the person you're sending to has entered into a relationship with you. On the other hand, I have been added to list after downloading a product and at no point was I ever informed I was going to be added to a mailing list. Obviously, I knew I'd be added to their list, but I kind of suspect this lack of disclosure might invalidate the exemption above, because I'm not actually soliciting anything. Not a lawyer, so I'm not sure. I do know that Amazon, for example, gave me the option of not getting their emails to begin with.
	If You Need Money, You Need Authority. If You Need Authority, You Need Me. Click Here Now.

09-11-2008, 11:12 PM	#5
Lance K Senior Warrior Member War Room Member Join Date: Jun 2006 Location: USA Posts: 3,866 Thanks: 1,435 Thanked 646 Times in 405 Posts Contact Info	Re: It's not spam if you opted in...or is it? Good points, Justin. I was wondering how the deceptive subject line thing was getting through. It's still pretty vague though ("most provisions"). But at least there is room for interpretation as written.
	"You can have everything in life that you want if you just give enough other people what they want." ~ Zig Ziglar

09-11-2008, 11:26 PM	#6
Justin Jordan Advanced Warrior War Room Member Join Date: Oct 2007 Location: The wilds of Pennsylvania Posts: 772 Thanks: 45 Thanked 119 Times in 62 Posts	Re: It's not spam if you opted in...or is it? It's interesting, and you probably need to look up the actual bill and have it interpreted by a lawyer to be sure. I don't think that most of the deceptive emails you get from lists (or at least the emails I get from lists) is probably not the kind of deceptive they're talking about. I think they're aiming towards the sort of emails where they appear to be about, say, a new version of the bible and ened up being for Tibetan midget porn. The wikipedia entry goes into much greater detail, but it's wikipedia. This is the sort of thing wikipedia gets right, usually, but reader beware: CAN-SPAM Act of 2003 - Wikipedia, the free encyclopedia
	If You Need Money, You Need Authority. If You Need Authority, You Need Me. Click Here Now.

09-12-2008, 09:43 PM	#7
Chris Lockwood Senior Warrior Member Join Date: Aug 2008 Location: central Florida Posts: 1,553 Blog Entries: 2 Thanks: 89 Thanked 101 Times in 82 Posts Social Networking	Re: It's not spam if you opted in...or is it? What's your problem with Tibetan midget porn? Have you watched any, or are you just assuming you wouldn't enjoy it? BTW, the FTC page linked to above is dated April 2004.