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Ad Swaps. Legal or Illegal?

by Guv
3 replies
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Hi,
I'd be interested in hearing what warriors have to say about Ad Swaps.

When I subscribe to a mailing list, I subscribe because I'm interested in a information or a particular product and on the basis that my email will not be sold, or passed on.

I'm starting to get fed up with the amount of AdSwap emails that are filling my inbox and was wondering are other marketers experiencing the same?

Now as marketers, it's a great idea BUT surely this is against the Cann Spam laws and also breaks most autoresponder companies TOS.

I'd welcome any comments and thoughts and lets see what the general consensus of opinion is.
  • Profile picture of the author myob
    There is really nothing inherently illegal about ad swaps, nor is it against any autoresponder TOS that I am aware of. And certainly it is not against the Cann Spam Act either.

    Actually it is a very common and legitimate practice for list owners to promote one anothers' products/services to their respective lists. In an ad swap, the actual subscribers' names are never exchanged or divulged.
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  • Profile picture of the author Hesaidblissfully
    Originally Posted by fil1957 View Post

    Now as marketers, it's a great idea BUT surely this is against the Cann Spam laws and also breaks most autoresponder companies TOS.
    The difference is that they're not selling or trading your email address without your permission, they're just sending you a promotion for someone else's/product or "newsletter". You as the subscriber still have the choice to either sign up for that other person's list or not.

    There's nothing inherently wrong with ad swaps, but I think it'd go over better with subscribers if people only promoted people based on whether or not they liked their prooducts, and not solely on the size of their lists. It seems like a lot of marketers focus on ad swaps as a way to get more subscribers without thinking about their existing subscribers, and whether or not their ad swap partner's product is actually a good fit for them (both in terms of quality, the product creator's reputation, etc.).
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  • Profile picture of the author Alexa Smith
    Banned
    Originally Posted by fil1957 View Post

    surely this is against the Cann Spam laws and also breaks most autoresponder companies TOS.
    I can't begin to imagine why it would be against an autoresponder's TOS, or why it would be against the law. :confused:

    Neither party to the deal is directly contacting anyone who hasn't opted in to their list. So where's the legal/TOS problem?
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