Quote:
Originally Posted by **********
Sally Rand,
If you send me an email containing an advertisement for a product I never signed up to receive anything about, and you obtained my email address in ANY WAY other than I gave it to you, then you are spamming. Can spam act or not, unsolicited means unsolicited. Hiding behind the law won't stop people from being pissed off any anyone who sends this garbage out.
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You are absolutely right and that is why I do not send UNSOLICTED commercial email!
Now here is where many people get into trouble and as the end result, think they are being "spammed" when they are not............................................... ..............
The scenario:
Joe Blow signs up to receive email notifications about a product, service, free shit or a news letter.
Let's say the autoresponder is double-opt-in and when the software sends Joe the request for confirmation, Joe confirms and Joe's email address is added to the mailing list.
Now when you signed up, you did read the TOS and Privacy Policy didn't you?
Probably not as most people don't and the TOS says that "You are agreeing to receive commerical eamils from us", essentially in return for whatever free shit, service, product or newsletter you have chosen to receive.
The Privacy Policy says that "We reserve the right to share your email address with our subidiaries, accociates, marketing partners and their subsidaries, marketing partners and parent companies and by registering with our service, you are agreeing to receive commercial emails from those entities."
Well, now.............................you have efffectively signed up to receive comercial emails from by now maybe a hundred entities and no law has been broken or even bent. YOU simply did not do due diligence when YOU did the signup and AGREED to receive the aforementioned commercial emails!
And I quote:
"PUBLIC LAW 108-187--DEC. 16, 2003 117 STAT. 2699
Public Law 108-187
108th Congress
An Act
To regulate interstate commerce by imposing limitations and penalties on the transmission
of unsolicited commercial electronic mail via the Internet.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the "Controlling the Assault of Non-
Solicited Pornography
117 STAT. 2710 PUBLIC LAW 108-187--DEC. 16, 2003
(2) PRIOR AFFIRMATIVE CONSENT.--Paragraph (1) does not
apply to the transmission of an electronic mail message if
the recipient has given prior ~ative consent to receipt
of the message."
Let me REPEAT the most relavant section:
"(2) PRIOR AFFIRMATIVE CONSENT.--Paragraph (1) does not
apply to the transmission of an electronic mail message if
the recipient has given prior ~ative consent to receipt
of the message."
Joe Blow gave PRIOR AFFIRMATIVE CONSENT to receive commercial emails according to the TOS and Privacy Policy!
What can Joe Blow do now to STOP receiving the commerical emails?
CLICK ON THE FUCKIN' "UNSUBSCRIBE" link, that's what!
Of course Joe will have to unsubscribe from ALL the partners, associates, sub-divisioins and primary companies to which Joe Blow gave PRIOR AFFIRMATIVE CONSENT through the original signup and that may take a while but WHO signed up in the FIRST PLACE?
JOE FUCKING BLOW SIGNED UP!
There ain't no FREE LUNCH!
When Joe Blow DOUBLY-OPTED-IN to receive commercial emails, Joe Blow signed a FUCKING CONTRACT but DIDN'T READ IT BEFORE SIGNING!
Joe Can get OUT of the contract simply by clicking on the "UNSUBSCRIBE" links but generally it's a lot easier for the Joe Blows of the world to shout "SPAM!" than admit their OWN FUCKING ERROR and UNSUBSCRIBE!