Question

Topic: E-Marketing

Gathering E-mail Addresses For E-newsletters

Posted by brian on 8/19/2008 at 10:16 AM ET 50 Points
A client insists that it’s legal for his intern to go out on the Web and gather e-mail addresses of potential customers (not existing customers) in order to send them his company’s e-newsletter. Most sources say that this is not legal per the CAN SPAM Act, but he wants proof.

He states that the CAN SPAM Act only covers e-mails with “marketing messages,” so e-newsletters are exempt. He also says that “harvesting” e-mails only relates to automated programs that crawl the Internet and gather e-mail addresses, and that it would be okay for his intern to gather them.

Can anyone provide me with actual documentation that explicitly decrees that it is illegal to manually gather e-mail addresses from the Internet and send them an e-newsletter?

Any help greatly appreciated. Thanks!
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RESPONSES

  • Posted by Inbox_Interactive on 8/19/2008 at 10:20 AM Accepted
    No one can provide what you're requesting because it's not illegal. Your client is correct.

    CAN-SPAM does not prohibit sending email to people you don't know, and it does not prohibit how you collect or harvest those email addresses.

    You should not have much trouble finding articles and other commentary about why this is not a good idea, however.
  • Posted on 8/19/2008 at 10:37 AM Accepted
    This is not illegal as Inbox said.

    However, I have to second his opinion LOUDLY that this is an extremely poor idea.

    Think how YOU would feel if you got on a list like that unsolicited. I would heckle and damn that company on every website I was a part of. I would let EVERYONE know that that company had NO respect for me....they just threw me on a list because they want to sell me something.

    Respect your customer/potential customer or you will get burned.

    Tell your client that just because something isn't illegal doesn't mean it should be done.

    Best of luck,

    kris
  • Posted by michael on 8/19/2008 at 11:30 AM Accepted
    It's completely legal but if you don't have something worth saying...you'll get tagged as a spammer real quick.

    We actually do this for one client and it's been very successful. BUT we have a good history with our inhouse list so we know what we're saying will play well with new people.

    Remember to give them the chance to opt out of future newsletters.

    Michael
  • Posted on 8/19/2008 at 4:11 PM Accepted
    Even if it is "legal", it's a bad idea. You are more likely to generate ill-will, and be marked as a spammer, than anything else. There are better ways to get new signups!

    Start with a postcard campaign, offer a report (in return for email address, etc.
  • Posted on 8/19/2008 at 7:27 PM Accepted
    Everyone here is pointing to the same thing - your boss is doing himself more harm than good by sending out mass unsolicited eNewsletters.

    Unsolicited, mass tactics don't work anymore. Consumers have too much control and too little time to be bothered. As well there is lots of choice out there, and the Internet brings them all to my doorstep.

    If I had to choose between a company that spammed me and a company that treated me with respect... well guess who I'd do business with?

    Your boss is taking the lazy man's approach to marketing. There are better ways to cultivate prospects, but that involves knowing your target audience, their motivations, their needs and engaging them. In other words it involves work.
  • Posted by melissa.paulik on 8/20/2008 at 10:19 AM Accepted
    Brian,

    Two points have been made:
    - it's not illegal
    - it's not a good idea

    That said, should he continue to insist (and I'll bet he will) I think you should focus on the opt-out process.

    As I recall, the CAN SPAM law is fairly specific about how opt-outs need to be constructed and the amount of time you have to honor them. What worries me about this client is that he won't allow you to put the necessary processes in place and that can get you into real trouble.

    Hopefully, you've reached the point in your consulting career where you can "fire" the clients that aren't worth working with.

    All the best!

    Melissa Paulik
  • Posted by brian on 8/20/2008 at 11:18 AM Author
    Thanks to everyone for the infomation and suggestions. One follow-up question, though. The wording in the SPAM Act says...

    In carrying out this subsection, the Sentencing Commission shall consider providing sentencing enhancements for -
    (A) those convicted under section 1037 of title 18 who -
    (i) obtained electronic mail addresses through improper means, including -
    (I) harvesting electronic mail addresses of the users of a website, proprietary service, or other online public forum operated by another person, without the authorization of such person; and
    (II) randomly generating electronic mail addresses by computer

    I'm not an attorney, but this seems to demonstrate that harvesting is not legal. Any comments?
  • Posted on 8/20/2008 at 11:38 AM Accepted
    I hope my more learned compatriots on the boards will follow up with corrections or support. Whichever is appropriate. But to my understanding....harvesting in this context refers to electronic harvesting. Meaning spyders that automatically crawl the internet getting addresses.

    My 2 cents,

    kris
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