Is it illegal to contact end users?

[adsorbable]

I've been trying to do my research but I can't really find an answer that doesnt point towards it being illegal =/ I would love some insight on this.

Is it illegal to contact users that did not opt-in on your website? I know that certain things have to be added into the list to identify yourself but is the practice itself illegal? Most email services that I've seen will not allow it.

 

[Debt.tv]

I don't know if it's illegal or not but I send out about 50-100 highly targeted emails everyday and make sales with them...i've only had 1 maybe 2 people say " stop spamming me" or "remove me from your list" but that's it.

What are they going to do? I just appoligize so they know it was a real person sending them an email and remove them from the list.

 

[ALBROKER]

yes its no problem

 

[dbustin]

depends. i think people that try to sell you a domain you already own but with an s or z added to the end are pretty much spammers. Especially when the name is less than a year old. But I dont think contacting real endusers that could conceivably want your name is wrong.

 

[Debt.tv]

depends. i think people that try to sell you a domain you already own but with an s or z added to the end are pretty much spammers. Especially when the name is less than a year old. But I dont think contacting real endusers that could conceivably want your name is wrong.

Agree

 

[guilty]

If contacting end users was illegal, NamePros members would all be in jail and this forum would be abandoned. I think it comes to the amount of emails you send to each user. I heard before that opt-out should be an option where users have an option to unsubscribe.

 

[adsorbable]

Just because nobody has been arrested yet, doesnt mean that there won't be a first lol. I am not trying to start trouble but I rather be informed about how it should be done right.

Here is something that I would like to share directly from the ftc.gov website:
"Each separate email in violation of the CAN-SPAM Act is subject to penalties of up to $16,000, so non-compliance can be costly. But following the law isn’t complicated. Here’s a rundown of CAN-SPAM’s main requirements:"

It appears that Cold emailing Business 2 Business is not illegal as long as the following steps are taken:
- The email has to include a physical address / business name
- Do not use deceptive subject lines (re: and such)
- Dont use false header information (so dont spoof your email so that it looks like somebody else)
- You have to identify that your email is an ad
- Provide a working (!) opt-out link in your emails and they have to be processed within 10 days

It seems to me that cold emailing clients is a grey line issue. Sure.. you can stay under the radar if you're smart about it and follow the guidelines described above.. just don't overdo it Also if you do international lead mailing then you have to be aware that other countries have their own regulations. Canada for example does not follow all of the same rules that the US does.

Again, I am not trying to stir up things.. but I would prefer to prevent somebody from getting a big fine just by sharing the info that those specific requirements have to be met lol

/Edit I am actually reaching out to a Lawyer friend of mine tomorrow to see about further clarification

 

[cocaseco]

Yes, it's probably technically illegal. But the chances of you getting in trouble are slim to none. Lots of things are technically illegal, yet society accepts some level of disregard. Like speeding or jaywalking for example. I think the important issue is that you are only mailing select people who you have researched and determined to be legitimate purchasers. If you are blindly sending hundreds of emails a day off of a list you bought, then you might get in trouble. It's personal correspondence, that just happens to be going to someone you haven't had the opportunity to meet yet. And nobody in another country is going to extradite you for an email.

If it really bothers you, join LikedIn, something you should do anyway, and use their internal InMail system. Those people are almost always open to the ubiquitous "business opportunities" contact.

If that doesn't work then I suggest domaining isn't for you. If you don't do outbound marketing and instead rely solely on domain marketplaces, you just won't make any money IMO.

 

[adsorbable]

Thank you for your input cocaseco I dont mind a little heat but honestly I would prefer to spend $30 on a business license if that is all that it takes. I am sure I will get some good input from a lawyer.. lets be honest and say that we all know that there is a way to do this legally and then illegally. Big companies do it so there has to be a way

 

[DNScholar]

I think if you include detailed contact info, its ok to email.

 

[Recons.Com]

So it is not illegal for Citi, Chase, BMW, Kroger etc. to send me almost daily paper mail and force me to sort out from tens of letters, brochures etc, but it is illegal for me to go to a company's website, find their "contact me" link and use email from there to let them know how I could help them with a good name, concept etc.?

How is a company supposed to contact another company then? Only create more trash via printed junk mail?

 

[nvdomains]

If it is a good domain with reasonable price, good. Otherwise, I add it to spam.

 

[Recons.Com]

I bought brandable made up word some time ago with dot com.

On days googled it and found out that there is a fairly large start up with that word on one of new gtlds. I would assume it would be quite legitimate business proposition to contact them and ask if they'd like to make an offer on the domain. I have a website on cctld that I would love the .com owner to contact me and start negotiating. The spam is when I do get bunch of emails offering me L-L-L-L-L-L.com names or word+L+L.obscuretld or something of that nature. Some idiots also assume that if I own LLLL.com I should be interested that LLLL plus couple of letters dot net.

 

[frank-germany]

SPAM is by definition
as far as I recall

to contact somebody by email
w/o prior having any relation with them

but some spams are welcome by the reciepient

to avoid spamming you may first call them and ask for permission
( but what actually is the difference??
other then it works better .. )

the better question would have been
"what is the punishment for spamming?"

spam works
otherwise it would not exist


--------
I don't recommend spam
I am not a spammer

 

[Recons.Com]

SPAM is by definition
as far as I recall

to contact somebody by email
w/o prior having any relation with them

but some spams are welcome by the reciepient

to avoid spamming you may first call them and ask for permission
( but what actually is the difference??
other then it works better .. )

the better question would have been
"what is the punishment for spamming?"

spam works
otherwise it would not exist


--------
I don't recommend spam
I am not a spammer

Definition of Spam:

====
spam
spam/
noun

1. 1.
   irrelevant or inappropriate messages sent on the Internet to a large number of recipients.
   • 
     
2. 2.
   trademark
   a canned meat product made mainly from ham.

verb

1. 1.
   send the same message indiscriminately to (large numbers of recipients) on the Internet.

====

See that part where it talks about "mass", "same message to large number"?

So, no, you don't need to call and ask for permission, AS LONG AS the email is specific to recipient.

 

[Fancy.domains]

Hello,

It's a grey-zone...

Personally I do never send more than one e-mail to the same potential customer, if I don't receive a reply. I also try to contact only businesses / organizations that I think could benefit from the name that I'm offering and I'm also always adding a BIN price that is a little lower than my listing price (on the landing page).

But that is just me. We all think differently I guess. So far, I have not received a complaint, but that might be irrelevant. I also do not sell many domains this way. Maybe 1 - 2 per year.

 

[Cdomains]

Is it illegal to contact users that did not opt-in on your website?

The CAN SPAM act in the US is very confusing but seems to suggest that you can not send unsolicited emails, so technically sending emails to people about your domains is probably not allowed because they did not know you before they received your email and also are not receiving email because they asked for it such as opting in at a website.

So, sending out emails to people who did not request it is probably spam and it doesn't matter if you put other information in your email such as your address or phone number, etc. It does not matter if you have good intentions or not, it is probably spam.

But like I said, the law is very confusing and most people seem to be unsure about what really is spam and what is not.

 

[Domain Lead Finder]

If the emails are not automatic, if you send them manually, then there is no chance of ever getting in to trouble. Unless you break some other law like false representation or scamming etc, it would be a miracle to end up in court for hand sent emails. You do not have to follow any CAN-SPAM regulations for manual emails.

As for automatic emails this depends on what country you get in trouble in spamming and where you spam from. There is no easy answer to this, everybody's situation is different. For automatic mailing you should consult a LOCAL lawyer.

 

[Cdomains]

But like I said, the law is very confusing and most people seem to be unsure about what really is spam and what is not.

Maybe there is a lawyer on this forum who can clear this up for us. Still very, very unsure about this and I cannot find a definitive answer posted anywhere.

 

[DomainVP]

Threads like this are always such a good read.

When you send an eMail to a business, and that eMail is relevant to the business at hand - it falls under UCE (Unsolicited Commercial Email).

To be UCE compliant for a single message, just include your contact information within the message. That's it.

If you are eMailing a business about a relevant domain to their business, it's UCE.

If you are eMailing 1800 domain owners about ChocolatePantyFavors.com because they have the keyword 'Chocolate' in their domain... that's SPAM in the eyes of many, but essentially if you follow UCE laws and include an 'unsubscribe' link at the bottom along with your valid contact information you will also be fine.

Your eMail provider might suspend your services, but legally you should be okay.

*I am not a lawyer, but am just lending my experience and personal interpretation of the Can-SPAM act in the United States as I know it.

 

[Dorkside]

I send out about 50-100 highly targeted emails everyday and make sales with them....

What percentage of your e-mails lead to sales, if I may ask?

 

[Debt.tv]

I usually get 3-4 people responding out of 20-30 email, normally asking "how much" and usually make a sale to one of them after negotiation.

 

[TauseefKhan]

In order to avoid any potential problem. One may send a request to an enduser that he/she would like to send a 'commercial electronic message' (CEM) and wait for the consent. If the other party replies and grants you the consent then you can send them the commercial message.

 

[Federer]

Many of you will of heard of the CAN SPAM Act in the USA and other similar legislation such as the data Protection Act in the UK. CAN-SPAM does not ban spam emailing outright, but imposes laws on using deceptive marketing methods through headings which are "materially false or misleading".

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.

You should always offer any of your recipients the opportunity to be removed from your current and future marketing. Keeping an unsubscribe list is very important when carrying out responsible email marketing and is a legal requirement in many countries.

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
- Tell recipients where you’re located
- Tell recipients how to opt out of receiving future email from you. Your message must include a clear and conspicuous explanation of how the recipient can opt out of getting email from you in the future
- 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

Just make sure those to whom you are sending a hand-sent unique email are highly targeted leads, and, if they do not reply, do not contact them again.