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Is Spamming or Bulk Email Illegal?

Is Spamming or Bulk Email Illegal?

By on Sep 22, 2017 in Uncategorized | 0 comments

Is Spamming or Bulk Email Illegal?

Bulk emailing will never be illegal. You could be emailing your customer base or opt-in list… and how could that ever be illegal?

However spamming is a different story. There are a few rules and laws that have come into play lately. So what is SPAM? You may have heard this practice of sending unsolicited bulk email referred to as “spamming”. (Yes, the name comes from the famous comedy skit “Spam! Spam! Spam!” by Monty Python.) In the online world, spamming means sending unsolicited email directly to a list of unsuspecting email addresses or newsgroups.

We are getting a lot of questions from people asking if it is illegal. The answer is that (at the time this was published), it is not. That does not mean that we are saying you should go out and SPAM the world… We are just clearing the air.

But you say “what about those email laws in Washington and California.and other laws that are coming out”?

Good Question! And here is the answer

These laws make spamming LEGAL! yes, we said LEGAL- not illegal! They are just trying to stop people from hiding behind fake email addresses, from relaying messages off other servers and resources and to stop people from getting bombarded by email that they cannot ask to be removed from.

There are new laws coming out all of the time, but as of the writing of this article, these laws say that if you are going to send someone unsolicited email:

  • you have to identify yourself with your full name, address, and phone number.
  • you have to provide a valid email address in the “form” field for people to reply to.
  • you have to remove anyone who requests to be removed from the list
    immediately.
  • you cannot use stealth technology to hide the
    origin of the email.
  • you cannot relay the email from other’s servers or use resources that
    you do not have authorization for.

What it is saying is that as long as you follow these rules, spamming… or any type of bulk emailing is LEGAL!!

On that note, there is talk of a new law where you will need to have a “relationship” with the person you are emailing in order to email them legally – but that has not been implemented as of the time of this
printing.

There are some anti-spam activists that would be furious if they requested sales material from an autoresponder and then had someone follow up with them a week later – they would consider that follow-up to be SPAM. The argument is that if the bulk emailer did not make it clear to the person who asked for the autoresponse that they would be emailing them again, then it is unwanted email! Luckily, most new laws don’t agree with them.

As long as you do the few things that are required you will have no problem (these are outlined in the UCE Mail Act of 2001 above) make sure you have any phone number, an address and company name and a unsubscribe option and you will not have any problems. Also remember that all material must abide by all local, state and government laws, in a word no Scams. Hope this article helps.

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