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Pretty sure this is legal, but i thought i would check.

by Emaloy97 Banned
12 replies
Ok, so one of my friends, also an internet marketer, offered me an email list at a price I can't refuse. My question is this: Am i allowed to email them, as long as my first email is asking them to opt-in? If not, what procedures must i take to market to them?
#check #legal #pretty #thought
  • Profile picture of the author Thomas Michal
    Ask a lawyer.
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    • Profile picture of the author OrangeBull
      The FTC has a handy dandy guide to complying with the CAN-SPAM Act on their website. Go forth and read it. The answers you seek are within.
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      • Profile picture of the author Emaloy97
        Banned
        I read over it, and as far as CAN SPAM goes, I just can't lie to them and i have to provide opt out button. Thanks!
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  • Profile picture of the author OrangeBull
    Would you like to know what barnes and noble did when they bought borders email list? They sent an email saying they bought the list, if I wanted to continue receiving offers, do nothing. If I didn't want to be on their list, opt out, so I think you got it probably.
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  • Profile picture of the author WillR
    I think so long as your email is straight up and tells them exactly what has happened and gives them the option to opt out from future mailings, you should be fine.

    If you are to upload any list of email addresses into an autoresponder such as Aweber, before you are allowed to send out any emails, each of those subscriber have to confirm their email address and say they want to receive your emails.

    This is the same as what you will be doing.
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  • Profile picture of the author kindsvater
    A few issues immediately come to mind ...

    CAN-SPAM, assuming it is applicable to you, does not prohibit unsolicited emails as that would run afoul of the 1st Amendment. As you note, it requires accuracy, appropriate disclosures, and an opt-out mechanism. Assuming, of course, you legitimately obtained the email addresses (keep reading).

    Some web hosts prohibit this type of mailing through their servers. It is probably not an issue - unless you get a spam complaint to your web host.

    If your friend promised subscribers that their email addresses would not be sold or transferred, then CAN-SPAM may be the least of your worries. Then you and your friend could potentially be sued for fraud, breach of contract, invasion of privacy, violation of spam laws, etc.

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  • Profile picture of the author Hamish Jones
    I can't work out why you would want to email these email addresses and why they would open your email.

    They haven't opted in at a website and don't know who you are.

    Unless your friend is emailing on your behalf and giving his recommendation. That would make more sense.
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    • Profile picture of the author Emaloy97
      Banned
      I'll be emailing them in the same niche as he did, so i think it'll be okay. Its a really large list so its ok if most don't reply. Thanks for all the input guys!
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      • Profile picture of the author Richard Van
        Originally Posted by Emaloy97 View Post

        I'll be emailing them in the same niche as he did, so i think it'll be okay. Its a really large list so its ok if most don't reply. Thanks for all the input guys!
        Firstly you need to re-read what Brian Kindsvater said, he's an internet lawyer.

        Do you know (for a fact) if the original owner ever promised not to sell or transfer the list?

        If your friend promised subscribers that their email addresses would not be sold or transferred, then CAN-SPAM may be the least of your worries. Then you and your friend could potentially be sued for fraud, breach of contract, invasion of privacy, violation of spam laws, etc.
        Second, why is he selling it at a price you can't refuse. If it was worth anything, I wouldn't sell it...or it would be at a price you couldn't afford.
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    • Profile picture of the author ShyleyMacFarland
      Originally Posted by Hamish Jones View Post

      I can't work out why you would want to email these email addresses and why they would open your email.

      They haven't opted in at a website and don't know who you are.

      Unless your friend is emailing on your behalf and giving his recommendation. That would make more sense.
      I do not own a list, but I am a subscriber to a few select lists, and this is pretty much what I was thinking. The original owner of the list should send a note to the list first, explaining to them his reasons for turning (don't use the word 'sell') the list over to you, and introducing you. He should also let them know that he trusts you to continue providing them with information or recommendations that will be of value to them.

      As a picky subscriber, I would appreciate this very much, and I would most likely give the new list owner a fair chance to prove himself to me. If I was just informed the list had been sold to you, as the new owner, I would immediately unsubscribe, and I would be very angry that my name and email address had been sold..especially if the original list owner had promised to never do that.

      Hope this helps, from a subscribers point of view.
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  • Profile picture of the author Randall Magwood
    You could probably avoid all of the hassle by doing a joint venture with your friend and his list. Ever considered it?
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  • Profile picture of the author bbjgolf
    Some great advice here. I too have a list that I bought and I really don't think I can use it. Based on the information I see here I think I will continue working on building my list through my website and my blog pages. I do appreciate reading this stuff on this forum.
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