Email from lawyer about can-spam

[TampaDomains]

So, I was sending out emails like I always do and trying to sell a particular geo domain for lawyers, I sold it but one of the lawyers I emailed replied that he wasn't interested but also included this:

"By the way, unsolicited commercial emails are prohibited under the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act, which provides individuals with remedies against violators, including money damages. "

From what I know he is right if it was unsolicited to a person but unsolicited B2B about a relevant product or service and if I include my full name address and phone number and also have a way to unsubscribe then its perfectly legal even if it was unsolicited. Correct?

 

[WhoaDomain.com]

So, I was sending out emails like I always do and trying to sell a particular geo domain for lawyers, I sold it but one of the lawyers I emailed replied that he wasn't interested but also included this:

"By the way, unsolicited commercial emails are prohibited under the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act, which provides individuals with remedies against violators, including money damages. "

From what I know he is right if it was unsolicited to a person but unsolicited B2B about a relevant product or service and if I include my full name address and phone number and also have a way to unsubscribe then its perfectly legal even if it was unsolicited. Correct?

did you use a service like ConstantContact? or MailChimp? or similar that has that "unsubscribe button"?

 

[TampaDomains]

Yes, getresponse.

 

[TampaDomains]

https://www.ftc.gov/tips-advice/business-center/guidance/can-spam-act-compliance-guide-business

as far as I see I did everything correct and it doesn't matter that it was unsolicited.

 

[adsorbable]

Did you get an actual official business license ? (assuming you're from florida)

 

[TampaDomains]

Are you saying if I didn't then It would go from totally compliant to non compliant?

 

[smurugappan]

Do you use email in your business? The CAN-SPAM Act, a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have you stop emailing them, and spells out tough penalties for violations.

Despite its name, the CAN-SPAM Act doesn’t apply just to bulk email. It covers all commercial messages, which the law defines as “any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service,” including email that promotes content on commercial websites. The law makes no exception for business-to-business email. That means all email – for example, a message to former customers announcing a new product line – must comply with the law.

 

[Kuffy]

Oh dear - I thought that "Can spam" meant that you can spam emails, why can't these people use correct english and say things like "can't spam". America seems to have done away with negatives, and use phrases like " I could care less" which obviously means that they do care about a topic.

 

[adsorbable]

Are you saying if I didn't then It would go from totally compliant to non compliant?

I am no lawyer but I am somewhat sure that you would need to be a business to count as a business to business transaction. I've looked into them before (also from florida) and I believe it was around $35 to register a business.

 

[VRdommy]

If you have no intention on emailing them again, do not worry about it.
There is nothing to un-subscribe to and no problem.
It is not a automated email / list.
Just make sure that is the case.
I would also think, Since they replied to you, it is a willful intent to communicate with you and you may reply to the reply if you feel the need.
But leave well enough alone.

 

[Ross Murray]

There are no worries if you are not to email him/her again. CAN spam act applies to your email unfortunately. No two ways around that.

 

[Federer]

Following the law isn’t complicated. Here’s a rundown of CAN-SPAM’s main requirements:

- Don’t use false or misleading header information.
- Don’t use deceptive subject lines.
- Identify the message as an ad.
- Tell recipients where you’re located. Your message must include your valid physical postal address.
- Tell recipients how to opt out of receiving future email from you.

Also, you must honor opt-out requests promptly. Any opt-out mechanism you offer must be able to process opt-out requests for at least 30 days after you send your message. You must honor a recipient’s opt-out request within 10 business days.

What all of this legislation clearly states is that it is perfectly legal to use email marketing to commercial operations without requiring the recipients consent. But you should always offer any of your recipients the opportunity to be removed from your current and future marketing.

Hope this clarifies your question.

 

[TampaDomains]

Yes, he was just matter of factly saying that, so he is not going to try to sue me. But I am just trying to clarify the totally compliant law.

As long as I am contacting a business on a related matter about a product, domain, etc.
And I list my full name, address and phone number, and clearly mark the title so their is no deception.
And have a way to unsub.

Then its totally legal to cold email businesses in this manner. Correct?

 

[TampaDomains]

Following the law isn’t complicated. Here’s a rundown of CAN-SPAM’s main requirements:

- Don’t use false or misleading header information.
- Don’t use deceptive subject lines.
- Identify the message as an ad.
- Tell recipients where you’re located. Your message must include your valid physical postal address.
- Tell recipients how to opt out of receiving future email from you.

Also, you must honor opt-out requests promptly. Any opt-out mechanism you offer must be able to process opt-out requests for at least 30 days after you send your message. You must honor a recipient’s opt-out request within 10 business days.

What all of this legislation clearly states is that it is perfectly legal to use email marketing to commercial operations without requiring the recipients consent. But you should always offer any of your recipients the opportunity to be removed from your current and future marketing.

Hope this clarifies your question.

Yes, so that is what I am saying, this lawyer is WRONG. I feel like contacting him back and letting him know.
Of course that would be a horrible idea and I would never do that tho. lol

 

[creataweb]

Don't email lawyers, they will give you a headache

 

[TampaDomains]

That is not the case at all, I have sold many to lawyers and have emailed probably 1000 lawyers and never have any of them hit the spam button or complained. They love it. as they don't have time to find these domains and they understand the value to their high $ business, so if they are interested its an easy sale if not then they move on in about 30 seconds.

 

[Cdomains]

Just be open and upfront.

Don't pull any BS.

Put an unsubscribe link in your email.

Works for me!

 

[creataweb]

That is not the case at all, I have sold many to lawyers and have emailed probably 1000 lawyers and never have any of them hit the spam button or complained. They love it. as they don't have time to find these domains and they understand the value to their high $ business, so if they are interested its an easy sale if not then they move on in about 30 seconds.

Only takes 1 a-hole to bury you though. Source: I know a lot of lawyers lol. GL sir.

 

[platey]

its for reasons like this that i particularly enjoy buying quality legal domains at reg fee

legal bods charge a fortune and they are 2 a penny - every other ad on the radio is a legal bod ad pretty much

which is why i buy legal domains as they are very exclusive and obviously very expensive - allegedly

 

[ison]

Yes, he was just matter of factly saying that, so he is not going to try to sue me. But I am just trying to clarify the totally compliant law.

As long as I am contacting a business on a related matter about a product, domain, etc.
And I list my full name, address and phone number, and clearly mark the title so their is no deception.
And have a way to unsub.

Then its totally legal to cold email businesses in this manner. Correct?

Technically, no. All unsolicited commercial emails are considered spam.

Reference: 15 USC § 7702

SEC. 3. DEFINITIONS.

In this Act:
(1) AFFIRMATIVE CONSENT
.—The term ‘‘affirmative consent’’, when used with respect to a commercial electronic mail
message, means that—
(A) the recipient expressly consented to receive the message, either in response to a clear and conspicuous request for such consent or at the recipient’s own initiative;
and
(B) if the message is from a party other than the party to which the recipient communicated such consent,
the recipient was given clear and conspicuous notice at the time the consent was communicated that the recipient’s electronic mail address could be transferred to such other party for the purpose of initiating commercial electronic mail messages.


Note: I'm not a lawyer.