What Qualifies As Commericial Email

[djk]

I was reviewing the new messages tonight and read one concerning commercial email and requirements that are imposed by law. My question is what qualifies as commercial email? I have a few hobby sites, I so far consider attempting to resell hosting space a hobby and as such under the law dealing with hobby businesses since I don't generate a specific amount of income it is not regulated as a true business would be. This being the case I would consider emails from my domain as being non-commercial. I would not use email to ask for business, only to respond to inqiuries about business, or questions concerning accounts, and in fact have not used the domain email system for much more than tests to this point. But I'm needing to get moving on developing this project in the next month or so and would like to have a clear understanding of just what might be considered commercial email coming from my domain by TotalChoice.

I've read some of the linked site in the prior thread, but would like some direct feedback about what management would consider commercial email from my domain. Thanks. Doug

[TCH-BillH]

There may be a more exacting definition, but you can look here for what the FTC states as the requirements for sending commercial e-mail: CAN-SPAM

 

One paragraph that seems to address it is here:

 

The law, which became effective January 1, 2004, covers email whose primary purpose is advertising or promoting a commercial product or service, including content on a Web site.

 

Does that help?

[MikeJ]

Most laws, including the primary federal one, CAN-SPAM, create rules for unsolicited commercial email, the key word being unsolicited. If you have a prior relevant relationship with the recipient of the emails, such as a member of your website or a customer who has bought your products already, you don't have to worry about sending them email unless it's not related to the product or service they have asked for/use, and as long as you allow them to request not to recieve future emails.

 

If you want to send unsolicted emails, the CAN-SPAM law has several requirements including, real email addresses (not forged), no misleading subject lines, some form of opt-out method provided in the email, and a physical mailing address of the organization sending the emails, among other things. One of the best summaries of the CAN-SPAM law I've seen is here [note that the link is a PDF file]: http://www.emaillabs.com/pdf/CAN-Spam_Legal_Brief.pdf

 

TotalChoice has no issue with you sending legal solicited email of any type, including commercial. We do not allow unsolicited email of any type, however, regardless of the fact CAN-SPAM allows it under certain conditions. Outside of federal law, we also have to worry about providers blacklisting TCH servers when people complain about unsolicited email, which is just one of the various reasons we have this policy.

 

So if you are sending solicited emails (as you describe is your intent) to members of your website or hobby group (and keep the volume low as we also don't allow large mass mailings) you will be fine, regardless if they are commercial or not.

 

Hopefully that makes it pretty clear.

[djk]

Most laws, including the primary federal one, CAN-SPAM, create rules for unsolicited commercial email, the key word being unsolicited.  If you have a prior relevant relationship with the recipient of the emails, such as a member of your website or a customer who has bought your products already, you don't have to worry about sending them email unless it's not related to the product or service they have asked for/use, and as long as you allow them to request not to recieve future emails.

 

If you want to send unsolicted emails, the CAN-SPAM law has several requirements including, real email addresses (not forged), no misleading subject lines, some form of opt-out method provided in the email, and a physical mailing address of the organization sending the emails, among other things.  One of the best summaries of the CAN-SPAM law I've seen is here [note that the link is a PDF file]: http://www.emaillabs.com/pdf/CAN-Spam_Legal_Brief.pdf

 

TotalChoice has no issue with you sending legal solicited email of any type, including commercial.  We do not allow unsolicited email of any type, however, regardless of the fact CAN-SPAM allows it under certain conditions.  Outside of federal law, we also have to worry about providers blacklisting TCH servers when people complain about unsolicited email, which is just one of the various reasons we have this policy.

 

So if you are sending solicited emails (as you describe is your intent) to members of your website or hobby group (and keep the volume low as we also don't allow large mass mailings) you will be fine, regardless if they are commercial or not. 

 

Hopefully that makes it pretty clear. 

<{POST_SNAPBACK}>

 

 

both responses are quite clear and helpful, I appreciate the information.

[D. J.]

If you want to send unsolicted emails, the CAN-SPAM law has several requirements including, real email addresses (not forged), no misleading subject lines, some form of opt-out method provided in the email, and a physical mailing address of the organization sending the emails, among other things.

 

Okay, got a question. If this law is supposed to cut down on SPAM and deception, how come I still get about 7 or 8 unsolicited emails a day with obviously phony sender names? And yes, I know many are weeping crocodile tears at that 7 or 8 figure.

 

I can't say anything about the return addresses or opt outs because I refuse to open the darned things. But many proport to "answer" questions I haven't asked, are "replying" to mail I never sent, or are "re: your membership" in places I never joined. The rest are trying to sell me Rolexes or enhancements for body parts I personally don't have.

 

I also hear that using those opt outs isn't a good idea as some of these vermin (sorry, I just really think spammers are the scum that scum scrapes off its shoes) are just fishing for working email addresses. Reply and they've got you.

 

I even heard of one parasite that used someone's opt out as a valid communication in an attempt to dodge the law. As in "but, your honor, the witness contacted us of their own volition in the previous six months."

 

That may be an urban legend, but I can see how it might work.

[stevevan]

Okay, got a question. If this law is supposed to cut down on SPAM and deception, how come I still get about 7 or 8 unsolicited emails a day with obviously phony sender names?

 

Possibly because some people have nothing better to do with their lives. Such is life on the Internet. I'm like you...all of these type of messages get the "Delete" button immediately.

[Deverill]

DJ, all of those things are done by people breaking the law. The drunk driving laws are to prevent folks from killing themselves and others but every day people die from car wrecks where someone involved was drunk.

 

Definitely never reply to spam because they use that to confirm that your email address is valid and will really target you then.