[epub] RE: Whether it is every ok to add subs without permission

["John Glube" <jbglube@xxxxxxxxxxxx>]

From: Christopher Knight Sent: January 11, 2005 9:18 AM
In response to Terry, you wrote in part:

|It is wrong to add a person to an email newsletter without
|their permission.
|
|It is not ok to add prospects to an email list without
|their permission. 
|
|Better to email these folks one-on-one.
|
|It is ok to send *transactional* emails to clients who are
|involved in a transaction with you, but to send them in a
|frequency that becomes abusive could be taken as an
|'hostile' act by your clients.
|
|Best to seek permission before mailing.

Hmm ... the ruling in December by the FTC is interesting,
but that does not change the underlying picture from a best
practice perspective.

The picture for the purpose of network and system
administrators remains:

* Spam is unsolicited bulk email. The issue is consent not
content. 

* E-mailers who send unsolicited bulk email are spamming.

* Don't send bulk email without prior consent.

* Only add an email address to your mailing list if the
person has consented.

* Provide an opt-out link in your mailings.

Meanwhile marketers will attempt to use the dual purpose
transactional message exemption to their advantage. 

Marketers will argue that since the new rule allows them to
send these messages without an opt-out link or without the
person expressly consenting what's the problem?

Block list operators and filtering firms won't care.

The result?

More tussles as we watch marketers square off against block
list operators and filtering firms.

Although marketers may think the Act and rule allows him or
her to do what they are doing, network and system
administrators will look at you and say, do you have
verifiable proof of consent?

No.

Sorry, no ice cream for you today.

John

P.S. The tussle might well end if the marketing community
were to ask Congress to change the law so that it bans
unsolicited commercial email, unless sent with express or
implied consent. But, don't try and cheat and ask that the
exemption for implied consent be as broad as the barn door
after the horse leaves the barn.

Until then, unfortunately bulk mailers are not going to be
your average system administrator's favourite creature
walking on hind legs. Tolerated, yes. Favoured, no.

John Glube
Toronto, Canada
http://www.learnsteps4profit.com




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