Bulk email question: Is it legal to use my customer list from past sales?

10 years ago

From the SpamHaus link above:

A message is Spam only if it is both Unsolicited and Bulk.

Unsolicited Email is normal email
(examples: first contact enquiries, job enquiries, sales enquiries)

Bulk Email is normal email
(examples: subscriber newsletters, customer communications, discussion lists)

Since these are customers, i.e., people with whom you have an existing business relationship, it's legal to email them in my layman's opinion of this definition.

On a practical note, I wouldn't just start sending those monthly promos. I'd start with one really juicy offer, and make it contingent on confirming permission for ongoing communications. Then, if you gain permission based on, say, a monthly email, stick to that schedule. Don't send the monthly emails and daily (or more) offers.

Whatever frequency you promise, be it monthly or weekly or multiple times a day or..., stick to the expectation you set.

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KnivesAndKnifeMaking

10 years ago

Originally Posted by JohnMcCabe

From the SpamHaus link above:
Since these are customers, i.e., people with whom you have an existing business relationship, it's legal to email them in my layman's opinion of this definition.

I was actually wondering about this definition of the word "existing" in "existing business relationship". It seems like that word is the key. Does "existing" mean happening presently, or that it has existed in the past? Because these sales are done with.

Originally Posted by JohnMcCabe

On a practical note, I wouldn't just start sending those monthly promos. I'd start with one really juicy offer, and make it contingent on confirming permission for ongoing communications. Then, if you gain permission based on, say, a monthly email, stick to that schedule. Don't send the monthly emails and daily (or more) offers.

Whatever frequency you promise, be it monthly or weekly or multiple times a day or..., stick to the expectation you set.

Very good idea. I would want to send monthly email promotions. I wouldn't do daily ones too, because I wouldn't want to flood my customer's with my emails.

Above all, I am first just trying to determine whether it is purely legal for me to use my bulk email list from past customer sales.

For example, on here it says:
"the CAN-SPAM Act allows direct marketing email messages to be sent to anyone, without permission, until the recipient explicitly requests that they cease ("opt-out")."

and here it says:
"Spam is legally permissible according to the CAN-SPAM Act of 2003 provided it follows certain criteria: a "truthful" subject line, no forged information in the technical headers or sender address, and other minor requirements. If the spam fails to comply with any of these requirements it is illegal. Aggravated or accelerated penalties apply if the spammer harvested the email addresses using methods described earlier."

So the above two quotes sound promising. It sounds like it is not illegal.

But then here it says this conflicting statement:
"The question, "Can I legally send targeted email?", is a common question and the simple answer is YES but only to people who have requested it. If they did not ask for your information then your information is UNSOLICITED even if you really believe they would love to hear from you. If you do have a list of your customers and want to send them email the next question is HOW? If you are sending targeted email - even to your own customers who really want to hear from you - you could be at risk of losing your account with your ISP or be subject to fines of up to $11,000 by the FTC."

So, am I guilty of a crime or criminally liable if I send bulk email product promotions to my past customers who have bought products from me?

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KnivesAndKnifeMaking

10 years ago

-accidental post-
-please delete this-

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KnivesAndKnifeMaking

10 years ago

-accidental post-
-please delete this-

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Barry Unruh

10 years ago

I'd go back to what John told you.

Email them one time with a great offer asking them to opt-in to future emails for getting the offer.

Only a small percentage will take the offer, but that's ok. That is your active list anyway.

This is not legal advice, but I doubt you would get into any trouble sending out a single email to a list of customer email addresses. Those customers specifically gave you their email addresses, which "suggests" they expected to get email from you.

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JohnMcCabe

10 years ago

According to my study, people who have bought from you have an existing business relationship. Those who have not bought from you yet do not.

As for this:

The question, "Can I legally send targeted email?", is a common question and the simple answer is YES but only to people who have requested it. If they did not ask for your information then your information is UNSOLICITED even if you really believe they would love to hear from you.

If you do have a list of your customers and want to send them email the next question is HOW?

If you are sending targeted email - even to your own customers who really want to hear from you - you could be at risk of losing your account with your ISP or be subject to fines of up to $11,000 by the FTC.

The part in bold is hogwash. The rest depends on your execution. Follow the rules, and you should have no more risk than you would in any other endeavor. I'd say no risk, but in today's sue-happy society, there's always a risk. On criminal grounds, you should be fine.

[Insert standard IANAL CYA boilerplate]

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JohnMcCabe

10 years ago

According to my study, people who have bought from you have an existing business relationship. Those who have not bought from you yet do not.

As for this:

The question, "Can I legally send targeted email?", is a common question and the simple answer is YES but only to people who have requested it. If they did not ask for your information then your information is UNSOLICITED even if you really believe they would love to hear from you.

If you do have a list of your customers and want to send them email the next question is HOW?

If you are sending targeted email - even to your own customers who really want to hear from you - you could be at risk of losing your account with your ISP or be subject to fines of up to $11,000 by the FTC.

The part in bold is hogwash. The rest depends on your execution. Follow the rules, and you should have no more risk than you would in any other endeavor. I'd say no risk, but in today's sue-happy society, there's always a risk. On criminal grounds, you should be fine.

[Insert standard IANAL CYA boilerplate]

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KnivesAndKnifeMaking

10 years ago

Originally Posted by JohnMcCabe

According to my study, people who have bought from you have an existing business relationship. Those who have not bought from you yet do not.

As for this:

The question, "Can I legally send targeted email?", is a common question and the simple answer is YES but only to people who have requested it. If they did not ask for your information then your information is UNSOLICITED even if you really believe they would love to hear from you.

If you do have a list of your customers and want to send them email the next question is HOW?

If you are sending targeted email - even to your own customers who really want to hear from you - you could be at risk of losing your account with your ISP or be subject to fines of up to $11,000 by the FTC.

The part in bold is hogwash. The rest depends on your execution. Follow the rules, and you should have no more risk than you would in any other endeavor. I'd say no risk, but in today's sue-happy society, there's always a risk. On criminal grounds, you should be fine.

[Insert standard IANAL CYA boilerplate]

Thank you, John. I appreciate your study of my situation and your honest opinion. I believe I was scared away by all these types of horrible sounding statements.

What about this part of that quote:

If you are sending targeted email - even to your own customers who really want to hear from you - you could be at risk of losing your account with your ISP or be subject to fines of up to $11,000 by the FTC.

Because that is exactly what I would be doing-- sending targeted email to my own customers who have bought from me in the past.

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JohnMcCabe

10 years ago

If you are sending targeted email - even to your own customers who really want to hear from you - you could be at risk of losing your account with your ISP or be subject to fines of up to $11,000 by the FTC.

This applies to someone not following the rules. Take your list, mail bomb them crap, use misleading subject lines, spoof the headers, leave off the unsubscribe link, etc., and you open yourself up. Follow the rules, and the FTC has other fish to fry.

Reading that whole page, it seems that the company who posted it is trying very hard to discourage certain customers without coming right out and saying it.

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KnivesAndKnifeMaking

10 years ago

Originally Posted by Barry Unruh

I'd go back to what John told you.
Email them one time with a great offer asking them to opt-in to future emails for getting the offer.

Only a small percentage will take the offer, but that's ok. That is your active list anyway.

This is not legal advice, but I doubt you would get into any trouble sending out a single email to a list of customer email addresses. Those customers specifically gave you their email addresses, which "suggests" they expected to get email from you.

This method of approach (in seeking an opt-in) seems to indicate it would be inappropriate to email them without seeking this approval. From what I gather, it would not be illegal (correct?), but it would be good courtesy to get this opt-in. Am I understanding this correctly? I completely understand the courtesy aspect.

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WillR

10 years ago

Just follow the Can Spam Act. They are quite clear on this...

There are no restrictions against a company emailing its existing customers or anyone who has inquired about its products or services, even if these individuals have not given permission, as these messages are classified as "relationship" messages under CAN-SPAM.[8] But when sending unsolicited commercial emails, it must be stated that the email is an advertisement or a marketing solicitation. Note that recipients who have signed up to receive commercial messages from you are exempt from this rule.

You are fine. Nothing at all wrong with contacting past customers.