Know-How Exchange : E-Marketing

Not sure you need the CAN-SPAN Law, seems to m elike you are dealing with theft, plain and simple, which all international laws observe in their own way.

If they are using your list, and you haven't given premission for its use by a third party, its a pretty serious offence, and its what affects all marketers.

Well, we had a similar problem. Basically it's a tough one to crack 'cause simply proving it could at sometimes be impossible. But yes it's a big crime 'cause these days that's what basically happens, most spammers sniff off email domains and forward junk to all emails. But I think the following link might help you, I've refered to it a few times regarding ONLINE crime whatever it maybe ...

https://www.infosyssec.com/infosyssec/cybercrim1.html

But here's a tip to prove it, get the emails received by at least ten individuals on your list, it must be from the source you are accusing, then you got yourself a case.

Just detatch all headers off these emails which will point back at the source, once you do that print them for legal documentation.

Cheers..

Hope I was of any help.

I believe the email may be a violation of the CAN-SPAM law because of the misleading subject line, not because it is unsolicited. Per prior discussions on this site (and please let me know if my info is out of date) - I believe unsolicited emails can be legal (ethical being a separate issue) as long as they have an accurate subject line, an opt-out procedure, a physical address, and other provisions...

... I also believe that your company can not sue under the CAN-SPAM law, the US Federal Government must initiate action.

If it were me, I would try to use the situation to my advantage. Could you use the opportunity to send an email to your customer list which could strengthen your relations with your customers (advising them of the problem, appologising, subtly stressing the benefits of working with you) ??

Before you contact your customers to reassure them, you need to conduct a security investigation internally to find out if someone DID give out the list - or whether the perpetrator gained access to it by some technological cybercrime, rather than through an inside contact.

You are the guardian of your customer's information - you need to make an effort to ensure that information is kept secure!

Does your corporate firewall look at outbound files and e-mails to see if they contain sensitive or company-confidential information? If you can't do that with what you're using, I suggest you have a look at www.mailguard.com.au which offers a secure mail relay, spam and virus-filtering service which CAN check out what your people are transmitting - and quarantine it if it's sensitive! That way you can stop future occurrences.

Hope this helps.

ChrisB