deftcreative started this topic @ 16:39 on 23/01/2006
I don't know about anyone else, but I still find the anti-spam laws in UK a very grey and confusing area.
Replies from previous posts elsewhere about this suggest that you shouldn't under any circumstances email a company unless you have dealt with them before or they have opted in to receive an email from you (such as a newsletter subscription). So this is what I stick to.
However, every day I receive an email from companies that make me think "are they breaking the law, or are we allowed to send emails like this"?? This prompted me to post this issue again.
I regularly get emails from companies regarding outsourcing web design work to them, often from India, but equally as often from UK companies. These are definitely generic emails, and often use my "nospam@" email address, meaning that it is likely that a human hasn't been involved in selecting my company as a recipient.
If a company looks at another companies website and thinks they can offer them something of value, then is it ok to send that one company an email about it?
What if it's just a quick note saying that you think you have something they might be interested in, and can you send them some details about it?
I received an email, which was relevant to my business but unsolicited, with a footer containing a disclaimer "This email is not SPAM. I personally discovered your company in good faith by visiting your website where I noted your published email address. You have the option to opt out of receiving any communication from me again by clicking the link below"
Does this make it right?
What if you email a company about something of mutual benefit, e.g. a commission based affiliate scheme you are running that would suit their website?
Buying opt in email lists, to me are even less relevant than manually discovering email addresses yourself. I'm sure that most of these "opted-in" companies are only there because they failed to see the "tick this box if you do not want to receive 3rd party correspondence" option.
Direct mail is easier, because you have the MPS to check against. But having sent out a letter to companies by post, can you then send them a follow up email?
An example scenario (this is not really what my business is involved in)
My company has made a website script that would help estate agents. Can I contact estate agents by manually gathering addresses via Google/Yellow pages?
1) I come across 1 estate agent that from the look of their website, could benefit from our script. I email them about it mentioning something specific about their website or how it can be improved with our product.
2) I email 10 estate agents, one at a time with the same email, nothing personalised to them.
3) I email 100 local estate agents, one at time. I haven't checked their website to see if our product is relevant to them.
4) I purchase a list of 10,000 agents, and send a bulk email to all of them with a sales pitch. I have never heard of most of them or checked if they even have a website.
Which are spam, and which are allowed forms of marketing?
Definition according to http://www.spamhaus.org/definition.html:
"A message is Spam only if it is both Unsolicited AND Bulk"
Would be good to get a discussion going, or even better some simple answers…………….
RE: To SPAM, or not to SPAM.............?
urbanaffair | 24/01/2006 04:50 PM
This depends on what set of rules you want to abide by, the LAW is the EU Directive for Electronic Communication. This says that SPAM (unsolicited commercial email) only relates to individuals, however sole-traders and proprietorships are also considered to be individuals, so providing that you only send emails to ltd or plc status organisations then you are within the law providing that you give the recipient the opportunity to opt-out of your marketing list. This opt-out must be toll free! You must also correctly identify yourself in the 'From Field' no spoofing your identity! and you must give a reply address. Lastly your subject line must reflect the content of your email.
However if you look to abide by the Cap Code (the guidelines set-out by the ASA) then they state that you must secure permission from the recipient for both B2B and B2C email communication. The B2B ruling only applies if you send a presonalised email to a named individual. Contraveining the Cap Code won't get you into serious trouble as these are only best practice guidelines. Stick to the EU Regs and you'll be fine, you can download the full version from google.
hope this helps
RE: To SPAM, or not to SPAM.............?
urbanaffair | 24/01/2006 04:50 PM
%3CP%3EThis%20depends%20on%20what%20set%20of%20rules%20you%20want%20to%20abide%20by%2C%20the%20LAW%20is%20the%20EU%20Directive%20for%20Electronic%20Communication.%20This%20says%20that%20SPAM%20(unsolicited%20commercial%20email)%20only%20relates%20to%20individuals%2C%20however%20sole-traders%20and%20proprietorships%20are%20also%20considered%20to%20be%20individuals%2C%20so%20providing%20that%20you%20only%20send%20emails%20to%20ltd%20or%20plc%26nbsp%3Bstatus%20organisations%20then%20you%20are%20within%20the%20law%20providing%20that%20you%20give%20the%20recipient%20the%20opportunity%20to%20opt-out%20of%20your%20marketing%20list.%20This%20opt-out%20must%20be%20toll%20free!%20You%20must%20also%20correctly%20identify%20yourself%20in%20the%20'From%20Field'%20no%20spoofing%20your%20identity!%20and%20you%20must%20give%20a%20reply%20address.%20Lastly%20your%20subject%20line%20must%20reflect%20the%20content%20of%20your%20email.%3C%2FP%3E%0D%0A%3CP%3EHowever%20if%20you%20look%20to%20abide%20by%20the%20Cap%20Code%20(the%20guidelines%20set-out%20by%20the%20ASA)%20then%20they%20state%20that%20you%20must%20secure%20permission%20from%20the%20recipient%20for%20both%20B2B%20and%20B2C%20email%20communication.%20The%20B2B%20ruling%20only%20applies%20if%20you%20send%20a%20presonalised%20email%20to%20a%20named%20individual.%20Contraveining%20the%20Cap%20Code%20won't%20get%20you%20into%20serious%20trouble%20as%20these%20are%20only%20best%20practice%20guidelines.%20Stick%20to%20the%20EU%20Regs%20and%20you'll%20be%20fine%2C%20you%20can%20download%20the%20full%20version%20from%20google.%3C%2FP%3E%0D%0A%3CP%3Ehope%20this%20helps%3C%2FP%3E%0D%0A%3CP%3E%26nbsp%3B%3C%2FP%3E
RE: To SPAM, or not to SPAM.............?
urbanaffair | 24/01/2006 04:52 PM
This depends on what set of rules you want to abide by the LAW is the EU Directive for Electronic Communication. This says that SPAM (unsolicited commercial email) only relates to individuals%2C however sole-traders and proprietorships are also considered to be individuals so providing that you only send emails to ltd or plc status organisations then you are within the law providing that you give the recipient the opportunity to opt-out of your marketing list. This opt-out must be toll free! You must also correctly identify yourself in the 'From Field' no spoofing your identity! and you must give a reply address. Lastly your subject line must reflect the content of your email. However if you look to abide by the Cap Code (the guidelines set-out by the ASA) then they state that you must secure permission from the recipient for both B2B and B2C email communication. The B2B ruling only applies if you send a presonalised email to a named individual. Contraveining the Cap Code won't get you into serious trouble as these are only best practice guidelines. Stick to the EU Regs and you'll be fine you can download the full version from google.
RE: To SPAM, or not to SPAM.............?
urbanaffair | 24/01/2006 04:53 PM
sorry about all that, problems with my applet
