North San Diego Business@Large

I’m not a happy camper these days. I like things to be fair and I think we are taking it in the rears right now. So it was suggested I write a rant once a week. Here’s the rant this week, Email Spamming Practices.

If you want to actually see the law, you can find a copy of the CanSpam Act at Magic In Words.

Our first dilema:

I’m at a networking event. I’ve picked up every single card I saw at the event. I may have had a conversation with the business owner. Can I go back and scan that card in, adding it to my database?

Ethically, I don’t think so, in my humble opinion. Legally, yes as long as you provide a way for the recipient of your marketing emails to unsubscribe to your list. This is what’s commonly referred to as the opt-out method. The people you add to your e-mail database should have an expectation that you’ll be reaching out to them.  It would help if you actually asked their permission. I’ve seen that done in a very creative way.

There was a small business owner who took a clip board to each event, asking people to sign up for the e-mails. This owner secured, in their handwriting, permission to reach out. Brilliant!!

Our second dilema:

I just received a forwarded e-mail from a friend. The e-mail has all the addresses of the other recipients. Can I take those names and add them to my database?

Ethically, no, I don’t think so.  Legally, again if you have a way for the recipient to unsubscribe to your list, you can probably get away with it, but is that in your best interest? Here’s an example of why this might not be in your business’ best interest.

A couple of years ago there was a new networking group in town. The regional coordinator arbitraily added people to the e-mail database without permission. There was an "unsubscribe", or "opt-out" on the e-mail. A business could opt out of this list, unfortunately, the regional didn’t control the list, so these businesses were arbitraily added back into the database after each networking event, without the business owner’s knowledge or permission.  This strategy leaves the recipient with no choice other than report the business to their internet service provider (ISP). You don’t want that to happen to you.

In these times, it behooves us to be respectful and operate with the utmost integrity, or the goodwill of our business may be irreparably damaged. Please read up on the CanSpam Act and work to keep your business in compliance.

Any comments?

Interview with Adam Englund, Adam Englund, Esq. on business law governing internet businesses, privacy and terms of use. We also discussed trademarks and copyrights.