TechSpot

Can a business email random people?

By wakasaki
Jul 20, 2008
  1. Hello everyone,

    Let's say a business is located in Medina, Ohio.
    That business then goes to FreeCycle.org and signs up.
    The next day the business email is filled with emails from people who live in Medina, Ohio.
    Can this business email those people letting them know about his/her business? Such as a link to his/her business website?

    thanks in advance
     
  2. raybay

    raybay TS Evangelist Posts: 7,241   +9

    Of course. Advertising is not against the law, but rather a principle of american business. But if they contact addresses which they have otherwise agreed not to contact, then their position is week. The courts don't punish them. They merely ask the busineses cease within a reasonable time period.
     
  3. xxdanielxx

    xxdanielxx TS Rookie Posts: 1,069

    yes advertising is not against the law but spamming is if they did not request information it is called spam
     
  4. raybay

    raybay TS Evangelist Posts: 7,241   +9

    Ah, not so. It is advertising unless you prove Spam. Case law is very specific in all states. If the product or service is legitimate, then the courts have alwasy determined it is advertising or business communications. It is up to the complainant to verify that it contains spam, or is intrusive, or is dishonestly representing itself, or is otherwise fraudulent.
    Freedom of the press extends unless there is deception.
    But deception takes away most defenses, if there are enough incidents to show a pattern of intent to abuse or defraud.
     
  5. xxdanielxx

    xxdanielxx TS Rookie Posts: 1,069

    An electronic message is "spam" IF:

    (1) the recipient's personal identity and context are irrelevant because the message is equally applicable to many other potential recipients;

    AND

    (2) the recipient has not verifiably granted deliberate, explicit, and still-revocable permission for it to be sent.

    http://www.spamhaus.org/definition.html
     
  6. wakasaki

    wakasaki TS Rookie Topic Starter

    Still a little confused

    Hi raybay and xxdanielxx,

    I'm still a litte confused if a business is allowed to do this or not.

    What I found on internet,

    "From the sender's point-of-view, spam is a form of bulk mail, often sent to a list obtained by companies that specialize in creating email distribution lists. To the receiver, it usually seems like junk email. Spam is equivalent to unsolicited telemarketing calls except that the user pays for part of the message since everyone shares the cost of maintaining the Internet. Spammers typically send a piece of email to a distribution list in the millions, expecting that only a tiny number of readers will respond to their offer."

    xxdanielxx said, "spamming is if they did not request information it is called spam"

    raybay said, "Ah, not so. It is advertising unless you prove Spam. Case law is very specific in all states. If the product or service is legitimate, then the courts have alwasy determined it is advertising or business communications. It is up to the complainant to verify that it contains spam, or is intrusive, or is dishonestly representing itself, or is otherwise fraudulent.
    Freedom of the press extends unless there is deception.
    But deception takes away most defenses, if there are enough incidents to show a pattern of intent to abuse or defraud."

    It appears that if a business sends the same message to a bunch of random emails that they dug up somewhere, then it's spam.

    So if that business sends a "different" email to each email address, then is that "not spam", since each message is "not" the "same"?

    Also, take a look at this http://www.twowriters.net/spam.htm

    Thanks for your help you two. I really appreciate it. I just want to be certain before I email these people.
     
  7. xxdanielxx

    xxdanielxx TS Rookie Posts: 1,069

    Take it from me I run a business and also help my father run his home decor business and my attorney said it was not right so I did not do that. Believe me I was going to go that route but did not I had my Bulk mailing app and Spider software ready to go till he advice not to do so. But hey it is up to you, you learn from your mistakes
     
  8. wakasaki

    wakasaki TS Rookie Topic Starter

    Thanks

    Thank you xxdanielxx,

    I will go ahead and not do it since your attorney said it is not right.

    Also, you say you run a business. Which business is that? Just curious :)
     
  9. jobeard

    jobeard TS Ambassador Posts: 9,322   +622

    Allways review the Privacy Policy of any site to which you send an email address.

    The other important document is the Terms Of Service

    NORMALLY, you should not expect to be spammed. I would contact the webmaster
    and at least complain and maybe threaten to take action -- see how they react :)
     
Topic Status:
Not open for further replies.

Similar Topics

Add New Comment

You need to be a member to leave a comment. Join thousands of tech enthusiasts and participate.
TechSpot Account You may also...