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Definitive Answer About Spam?

by kstavert
9 replies
I get lots of different responses from various
marketers about what constitutes SPAM to
businesses...

Some say that you can send marketing email
to businesses and it can't be considered spam.

Someone else told me today that he knew
of two people who have been sued - one for
$50,000 - for sending marketing email to businesses...

I read Can-Spam and am no clearer on the issue.

I will REALLY appreciate hearing from someone
who REALLY knows the answer to this question

I do not need more conjecture and supposition

Thanks Karen
#answer #definitive #spam
  • Profile picture of the author David Braybrooke
    My understanding is anything sent that is unsolicited can be called spam. Anything!
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  • Profile picture of the author Dan Curtis
    Originally Posted by kstavert View Post

    Some say that you can send marketing email
    to businesses and it can't be considered spam.
    This from the FTC website: "The law makes no exception for business-to-business email." So marketing email sent to businesses can clearly be considered spam.
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  • Profile picture of the author talfighel
    Karen,

    If I sent you an email about a business opportunity and you never requested any emails from me then that is SPAM.

    If I had a newsletter and you never subscribed to it and I emailed you like I would email my subscribers, that would be spam also.
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    • Profile picture of the author zeusgod
      Originally Posted by talfighel View Post

      Karen,

      If I sent you an email about a business opportunity and you never requested any emails from me then that is SPAM.
      Wrong - sending an email about a business opportunity (i.e. you hit compose and paste the fellow's email address to talk business) isn't spam.

      Scraping email address from the web is spam. Using bots to mass send unsolicited email is spam. Sending a real email to someone, even if it's unsolicited, isn't (that's what contact forms, email addresses on websites etc are for, i.e. for someone to contact a webmaster or anything for a legitimate joint venture or purpose). If the person does not reply or says no and you keep on e-mailing, there is a chance it could be.

      Originally Posted by talfighel View Post

      If I had a newsletter and you never subscribed to it and I emailed you like I would email my subscribers, that would be spam also.
      Yup - if you scraped their email addresses and emailed them like a subscriber. A lot of things are also taken into account (i.e. whether you have an unsubscribe link, whether the TITLE of your email is in accordance with email laws, which country you're in and the laws that apply, etc)

      When it comes to spam it's never clear cut - in short my advice would be just don't use bots to mass send unsolicited emails and you can't go very wrong.
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    • Profile picture of the author shane_k
      Originally Posted by talfighel View Post

      Karen,

      If I sent you an email about a business opportunity and you never requested any emails from me then that is SPAM.

      If I had a newsletter and you never subscribed to it and I emailed you like I would email my subscribers, that would be spam also.
      This might be true for those of us up here in Canada.

      But down in the states their Can Spamm Act is slightly different.

      Their spam act doesn't apply to businesses.
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  • Profile picture of the author idoitbigtime
    send to those who like to reviced
    Sell to those who wants to buy from you
    This is the IM world
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  • Profile picture of the author BKKBound
    My understanding is that you must have had a business relationship or connection with the individual you are mailing. For instance a store emailing a client has a pre-existing relationship etc. You must also provide a physical address of the sender and a way to unsubscribe. You also cant use automated methods to collect email addresses and you can not obscure or change the email headers.

    There is also a difference between what is "legal" and what servers and ISP providers will accept for mailing. The reality is that unless someone has opted in...either through an optin form or through a relationship with you then you shouldnt really be mailing them

    anyway thats my interpretation and has kept me well out of trouble.
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  • Profile picture of the author wackiin
    Some of you better read up on the Can Spam Act because most of whats posted is
    bull@## and 50k fines is nothing ...try x.xxx.xxx + when they sue they sue to make statements they dont care if you got it or not
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  • Profile picture of the author brunom
    It's hard to determine what's spam or not. I believe that it only becomes spam when it becomes mass e-mailing (without being asked to do so, of course).

    Single e-mail contacts aren't spam.
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