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Double opt in email and CAN-SPAM
I noticed double opt in mail places like join4free are now following all CAN-SPAM rules including requiring that the subject have the words "SEXUALLY-EXPLICIT" as well as having all images in the email be softcore.
Now according to the FTC website "SEXUALLY-EXPLICIT" subject marks are only required for unsolicited spam emails.
No where does it say that double opt in email needs this. However J4F claims that they need to comply with the "SEXUALLY-EXPLICIT" requirement too based on what their attorneys said.
The funny thing about this is that a week ago they told me they didn't need to do "SEXUALLY-EXPLICIT" even though real spam does so I'm not sure why there's a sudden change now.
So why is this a big deal?
Well I'm noticing that all of J4F's "SEXUALLY-EXPLICIT" are being caught by yahoo, AOL, and hotmail filters. Honestly I'm not sure how they can be making money with their double opt in email problem which makes me a little uncomfortable.
Now since I don't directly deal with double opt in mail, I didn't have my legal counsel at Devine Milimet & Branch investigate the validity of J4F's statement but I would like to hear a "general" statement from others whether there is any truth in what J4F said or if they are simply taking extra precautions.
Anyone know if free ezine bucks and others do this?
All I have to say is I am going to be a little pissed if it turns out legit double opt in mailers have to comply with bullshit laws that rogue email spammers to this day still do not comply with. It's like the legit mailers are being punished and for shit that spammers have been doing.
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