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Am I CanSpam compliant?

by ChrisKaplan
8 replies
I am capturing emails from a interstitial ad on a few of my sites to be used for a school of higher education. Once the email, phone is captured it goes on to a rep who then tries to get the user to sign up for the university. My question is, can I aggregate the emails into one big list and sell them to other clients/schools? Like an email list? Or are there CanSpam issues with that? Do the users need to agree to receive emails from third parties for example?

Thanks,
Chris K.
#canspam #compliant
  • Profile picture of the author Nigel Greaves
    Hi Chris,

    Welcome to the forum.

    I can't answer your question specifically but you might try this link to the F.T.C. web site:
    The CAN-SPAM Act: A Compliance Guide for Business | BCP Business Center

    Nigel
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  • Profile picture of the author Benjamin Ehinger
    I cannot answer this either, however, I will tell you that if you got my email in this manner and sold it to another company I would be pretty pissed off. I hate when I get phone calls and emails from people I don't know and have never signed up for information from.

    Benjamin Ehinger
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    • Profile picture of the author Michael Shook
      If all you really want to know is if what you want to do is legally OK, then this is not the place to find out.

      If you also wanted to know if this is a cool thing to do, I suspect you are going to get some opinions on that as well.
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      • Profile picture of the author ChrisKaplan
        Thanks for the input. I realize it's not a "good" thing to do. I'm with you guys. Just was wondering on the legality issue. Interested to know if this is CanSpam compliant, or if we would get into trouble with this type of email marketing.
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        • Profile picture of the author rkcc4
          Originally Posted by ChrisKaplan View Post

          Thanks for the input. I realize it's not a "good" thing to do. I'm with you guys. Just was wondering on the legality issue. Interested to know if this is CanSpam compliant, or if we would get into trouble with this type of email marketing.
          Legally and ethically it comes down to what you told them you would do with their personal data. If as part of their sign up you told them you would share it, they accepted it.

          HOWEVER, people do not like it and I would not do it. People get pissed off even if you call them never mind someone else does.

          Why not try to meet the needs of your list, give them a call after the initial sale and ask them if you met their needs. Send them to survey monkey, refer them to a Twilio phone system, there are hundred of options.

          You did the work of getting them to trust you, now earn it and be ethical, they will buy, just meet their needs, it is as simple as that.
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  • Profile picture of the author rosetrees
    I would think the safest way to find out would be to consult the school's attorney.
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    • Profile picture of the author ChrisKaplan
      Thanks for the help guys. I talked to the FTC and they weren't even sure. Go figure.
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  • Profile picture of the author GarrieWilson
    It depends on your privacy policy and what the opt-in says.

    Not legal advise...

    -g
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