Contacting potential advertisers is it spam?

13 replies
Hi guys, I have a question I am trying to contact new advertisers for my website and obviously emailing a bunch of them seeing if they might be interested in advertising on the site. One came back saying they would report me for spam and I would have to face a fine if I did it again.

My question is how else should you contact potential advertisers about advertising if this is the case? Might seem like a silly question but I am unsure about the law here. Also if you have alternative ways please let me know
#advertisers #contacting #potential #spam
  • Profile picture of the author brettb
    If you run AdSense and you see regular ads appearing on your site maybe you could approach them and cut them a deal to advertise directly on your site. Sell the benefits of cutting out Google.
    Signature
    ÖŽ FindABlog: Find blogs to comment on, guest posting opportunities and more ÖŽ




    {{ DiscussionBoard.errors[8735495].message }}
  • Profile picture of the author bmw040
    Originally Posted by palmer9999 View Post

    Hi guys, I have a question I am trying to contact new advertisers for my website and obviously emailing a bunch of them seeing if they might be interested in advertising on the site. One came back saying they would report me for spam and I would have to face a fine if I did it again.

    My question is how else should you contact potential advertisers about advertising if this is the case? Might seem like a silly question but I am unsure about the law here. Also if you have alternative ways please let me know
    That was me threatening to report you and yes it was SPAM.

    You cannot send unsolicited emails.
    {{ DiscussionBoard.errors[8735507].message }}
    • Profile picture of the author WillR
      Originally Posted by bmw040 View Post

      That was me threatening to report you and yes it was SPAM.

      You cannot send unsolicited emails.
      This is where yourself and many others are so wrong.

      The Can Spam Act was created for this very reason. To give people guidelines they must follow when contacting people out of the blue. It is called the CAN Spam Act for a reason -- not the CANNOT Spam Act.

      And I quote...

      The CAN-SPAM Act is occasionally referred to as the "You-Can-Spam" Act because the bill fails to prohibit many types of e-mail spam and overrides some state laws that would otherwise have provided victims with practical means of redress. In particular, it does not require e-mailers to get permission before they send marketing messages.


      In order to contact anyone, your email must adhere to these strict guidelines:

      Unsubscribe compliance
      - A visible and operable unsubscribe mechanism is present in all emails.
      - Consumer opt-out requests are honored within 10 business days. [7]
      - Opt-out lists also known as Suppression lists are only used for compliance purposes.

      Content compliance
      - Accurate from lines (including "friendly froms")
      - Relevant subject lines (relative to offer in body content and not deceptive)
      - A legitimate physical address of the publisher and/or advertiser is present. PO Box addresses are acceptable in compliance with 16 C.F.R. ยง 316.2(p) and if the email is sent by a third party, the legitimate physical address of the entity, whose products or services are promoted through the email should be visible.
      - A label is present if the content is adult.

      Sending behavior compliance
      - A message cannot be sent through an open relay
      - A message cannot be sent without unsubscribe option.
      - A message cannot be sent to a harvested email address
      - A message cannot contain a false header
      - A message should contain at least one sentence.
      - A message cannot be null.

      Source: CAN-SPAM Act of 2003 - Wikipedia, the free encyclopedia
      So as long as you adhere to those guidelines, anyone who replies to you and threatens to report your email as spam, wish them good luck and simply move on -- because they obviously have not familiarized themselves with the Can Spam Act. That is their fault, not yours. :-)
      {{ DiscussionBoard.errors[8737936].message }}
      • Profile picture of the author Michael Shook
        I am assuming you are contacting businesses with a legitimate offer for selling them advertising. There is nothing wrong with that at all. You can't stop people from thinking it is spam or being irritated with you, but you are offering a legit service to people who could use it.
        Signature


        {{ DiscussionBoard.errors[8738010].message }}
  • Profile picture of the author bmw040
    You need an Email list.
    {{ DiscussionBoard.errors[8735509].message }}
  • Profile picture of the author cuie
    Why are you doing all the ad space selling? Why don't you just inform ad networks (like Adsense and other similar) that you have ad space to be rented?

    Or is it that you want to have some specific advertiser as a client?
    {{ DiscussionBoard.errors[8735724].message }}
  • Profile picture of the author powerofschool
    Originally Posted by palmer9999 View Post

    Hi guys, I have a question I am trying to contact new advertisers for my website and obviously emailing a bunch of them seeing if they might be interested in advertising on the site. One came back saying they would report me for spam and I would have to face a fine if I did it again.

    My question is how else should you contact potential advertisers about advertising if this is the case? Might seem like a silly question but I am unsure about the law here. Also if you have alternative ways please let me know
    Ofcourse that is Spam if you do like that. You need to Advertise your website with your requirements and what you can do for them with your Features. So that people will approach you for Advertising Services Services.
    Signature
    Download Good Morning Images Here
    {{ DiscussionBoard.errors[8738021].message }}
    • Profile picture of the author Michael Shook
      Originally Posted by powerofschool View Post

      Ofcourse that is Spam if you do like that. You need to Advertise your website with your requirements and what you can do for them with your Features. So that people will approach you for Advertising Services Services.
      Did you not read the sections of the CAN-SPAM act that WillR posted? What the OP is doing is not spam unless he does not comply with the rules. Sending someone an email asking if they want to do business with you is not spam.
      Signature


      {{ DiscussionBoard.errors[8738032].message }}
    • Profile picture of the author WillR
      Originally Posted by powerofschool View Post

      Ofcourse that is Spam if you do like that. You need to Advertise your website with your requirements and what you can do for them with your Features. So that people will approach you for Advertising Services Services.
      It's not necessarily spam at all. It depends. Just the fact he is emailing websites does not mean he is spamming anyone. So long as he is following the guidelines of the Can Spam Act then he is well within his rights to do so.

      I'm not saying I agree with the Can Spam Act in its entirety, but it's still there.
      {{ DiscussionBoard.errors[8738202].message }}
      • Profile picture of the author Paul Myers
        No, contacting potential advertisers is not automatically spam. Also, as Will correctly points out, US law does not prohibit spam. I'm not sure of the status under Australian law, so I won't comment on that.

        As far as this comment...
        What the OP is doing is not spam unless he does not comply with the rules.
        Not accurate. CAN-SPAM does not attempt to define the word. And it's used so erratically that it's simply not possible to be certain what any individual will mean by it in advance.

        Generally speaking, business owners don't mind genuinely targeted emails that hold a legitimate promise of making them money. For the sort of thing you're talking about, this will normally be attractive to people who are already spending for online advertising.

        The trick is being sure they KNOW it's "targeted," as in, obviously relevant to them personally.

        As far as this forum, I presume you mean using private messages. That gets tricky, because it's not specifically forbidden. If we get enough complaints about it, though, it can cause a ban of some length, from a short "you chose poorly" thing to a permanent "get lost, spambag" response.

        If you send PMs to people here with an offer, you need to point out why you believe it would be appropriate, and don't do it in big numbers.

        Saying, "Hey GenericUsername, I see you've promoted stuff as a [JV Zoo WarriorPlus] affiliate. We're launching a product on XYZ, with 100% on the FE and 75% on the OTO, here's the link, I know you're gonna crush it, blah blah blah" isn't targeted. Do much of that and you're getting a vacation.

        Something like this, though, isn't going to be treated here as spamming: "Hey, John. I saw your offer for the [Specific Niche] Lightning lead generation software. It looks like our products are complementary. I have a follow-up system called [Specific Niche] Hurricane, which is designed to help folks in the business get more and bigger sales from their leads.

        "If you'd like to take a look, let me know. (You can check out the affiliate deal here: http://example.com/partners) It could be a good fit for your customers, and we could both make some cash in the process."


        Yes, we have some people who object to unsolicited business contact of any kind. That is their right. As a matter of policy, though, remember that this is, first and foremost, a business forum.

        At any rate, "Hey. Buy my stuff" messages via PM are almost always spam, and if they get the attention of a moderator they will almost always result in a permanent ban.

        Spam policies are not about controlling the message. They're about maintaining the utility of messaging systems, so they aren't flooded to the point where the intended uses are lost or rendered impractical. That's why 'bulk' has always figured into any long-term definition, for enforcement purposes.

        When you start talking about the law, you miss the point. It's about network management and customer service. Still, US law is quite specific in that it allows system operators to take whatever good faith steps they feel are appropriate to protect their customers from what they deem to be objectionable messaging. (See the safe harbor provisions in the Communications Decency Act.)

        And yes, that means the service providers get to decide what they consider objectionable, within some very broad limits.

        Service providers have the contractual and legal right and a business obligation to protect their systems and their customers from spam. If you start telling them you have the right to send unsolicited bulk messages to their customers because it's CAN-SPAM compliant, they are likely to extend the blocks on your messages and laugh at you over lunch. They're certainly not going to step back and say "Woah. We didn't know that. Go ahead and send it on through."

        If you're not sending fraudulent offers via bulk messaging, you should be more afraid of the service providers than law enforcement. Unless you keep coming back somewhere you've been told you're not welcome. At that point, you're into what could well be criminal territory.

        If you doubt that, look into the law concerning unauthorized access to a protected computer. In that sentence, by the way, 'protected' does not mean "has technical hurdles that must be overcome to gain access." It means the computer is covered under Title 18, Section 1030 of the US Code.

        This forum is covered by those provisions, so if you come back after having been banned, you may well be committing a federal crime under US law.

        Yes. Really.

        This stuff isn't complicated, but people should actually read and understand the law before they run around giving advice on it.

        Note: I am not a lawyer, so you shouldn't consider this advice on the law. Just my understanding of it, with references to the specific relevant Acts and sections. Do your own research, and consult competent counsel before risking much on it.


        Paul
        Signature
        .
        Stop by Paul's Pub - my little hangout on Facebook.

        {{ DiscussionBoard.errors[8738553].message }}
  • Profile picture of the author Nuno
    I've seen all sort of things being defined as spam, when they clearly aren't. Even websites... unwanted or garbage is one thing, but spam?
    One day we will be afraid of doing anything online: Writing, backlinking or emailing.
    Signature
    I have 15+ years of experience & millions of visitors (I'm also a warrior since 2002)!
    NunoAlex.com explains how I can help.
    I'm looking for a limited number of serious partners.
    {{ DiscussionBoard.errors[8738572].message }}
  • Profile picture of the author pleasehelpmeout
    Originally Posted by palmer9999 View Post

    Hi guys, I have a question I am trying to contact new advertisers for my website and obviously emailing a bunch of them seeing if they might be interested in advertising on the site. One came back saying they would report me for spam and I would have to face a fine if I did it again.

    My question is how else should you contact potential advertisers about advertising if this is the case? Might seem like a silly question but I am unsure about the law here. Also if you have alternative ways please let me know


    How would they "report" you for spam?? Curious..
    {{ DiscussionBoard.errors[9489550].message }}
  • Profile picture of the author redeye paradigm
    I'm not sure how dissimilar the US and Australia's spam laws are (pretty close I'd presume) but you should check with the ACMA as they are the body that overseas the laws.

    They say:

    The Spam Act 2003 prohibits the sending of unsolicited commercial electronic messages—known as spam—with an Australian link. A message has an Australian link if it originates or was commissioned in Australia, or originates overseas but was sent to an address accessed in Australia.
    The Spam Act 2003 defines a commercial electronic message as:
    • offers, advertises or promotes the supply of goods, services, land or business or investment opportunities
    Key elements of the Spam Act | ACMA
    {{ DiscussionBoard.errors[9489658].message }}

Trending Topics