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FIB - Scams 101 - Ye Olde Archives
Posted By: Sandi Moses In Response To: The #1 thing I hate is messing with e mail lists, so the chances.... (MaaMaw)
Wednesday, 8 June 2005, at 8:42 a.m.
I think that if you are their bona-fide customer, they can send you info about what else they have available. Most places that I can remember have a "privacy policy" or some such link near where you sign up and you agree to whatever it says before you submit your info. If it says they have the right to contact you again with more offers, then you agreed to accept them without reporting spam. If it says they will not share your address with anyone and you get offers to the e-mail address you signed up with from somebody else, bust 'em! How do you keep track? I use a different e-mail address for everything anymore and they all funnel into my main one. And yes I watch.
Back in my more naive days, I responded to a "request for more information" which I now recognize as manually harvesting e-mail addresses. You can read the whole article I wrote about spam here if you want:
http://www.123iwork4me.com/article212.html
or just the paragraph about the one incident:
Let me give you an example from one that once came across my screen. It seemed to be from a nice lady with homey graphics and nice colors in her e-mail. If my memory serves me well, she even stated that she was disabled and looking for ways to earn a living off the internet. In my mind, that’s a hard combination to resist. A great deal of effort was put into this to make it sound as if she had built an internet community around her site and services. Maybe she did; I don’t know. Anyway, I was naïve enough to respond with the information she had requested. Soon solicitations for this, that, and whatever business offer, etc. began arriving in my inbox. I finally put two and two together and realized that they were from her, but I was still reluctant to report it as spam, so her messages went quietly into the trash. I mean, she seemed SO NICE! Then I got this huffy message, apparently broadcast to her entire mailing list, about how if people didn’t want to receive her messages, why didn’t they just unsubscribe, etc. It seems quite a few people had reported her as a spammer and she was getting into trouble. It was time for me to respond, so I told her, bluntly, that what she was sending out WAS spam. It was unsolicited. I never signed up to be on her mailing list, and no doubt the people who had reported her never signed up to be on her mailing list, either. I only responded to a request FROM HER for information and that in no way implied that I wanted to be on her mailing list or that I wanted to receive her offers. She must have gotten the message because I have received nothing else from her.
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In this case, what she did was wrong because she was broadcasting her offers to people who definitely had not requested any info from her at all.
In your case, if you were to send offers to everyone who had ever posted to this board, you might be on thin ice. If you had people check a box to receive either offers or a monthly newsletter when they bought something from you, and you included offers or reminders of what else you have available as part of the newsletter, or sent out info about newly added stuff to "your line of products" then you would be fine.
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PLEASE READ THIS LEGAL NOTICE CAREFULLY BEFORE YOU FILE A LAWSUIT OR EVEN WASTE TIME THINKING ABOUT IT. It has been done before, but never successfully. In fact, the last dodobird who tried it ended up being ordered to pay more than $77,000 in attorney fees ($65,000+ to my attorneys and $12,000+ to my co-defendant's legal advisor).
If your attorney is worth his salt, he's going to tell you that the expense of filing a lawsuit you can't win is a whole lot worse than any "damages" resulting from messages posted on this insignificant little chunk of cyberspace. NEWS FLASH: I didn't just climb down off that ol' turnip truck yesterday. I'm well aware that expressing a negative opinion, relating one's personal experience, and restating provable facts are all legal in this country and do not constitute libel, slander, or defamation -- so you don't want to play games with me, and you sure don't want to start something you aren't prepared to finish. I don't take threats lightly, and I don't accept bribes (or did you call it a "mutually-beneficial arrangement"?). I'll turn you in faster than you can yell, "ARREST ME, I'M SCUM!!" Do yourself a favor and turn your legal team loose in greener pastures. Although we may, from time to time, monitor or review discussions, postings and the like on the Friends In Business (Scams 101) Message Board, we are under no obligation to do so. We are not responsible or liable for any claim arising from the content of any such discussions or postings or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information contained within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane materials or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. You are likewise prohibited from posting any false claims against any company or individual. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any such information or materials. By posting messages and/or content on the Friends In Business (Scams 101) Message Board, you give permission for Lesley Fountain/Friends In Business/Shoestring Success Publications to display, distribute and use the posting and content for publication, advertising, promotion, excerption or example. You grant Lesley Fountain/Friends In Business/Shoestring Success Publications complete, perpetual, but non-exclusive rights to use, archive, reproduce, adapt, modify, distribute, sub-license, repurpose, rework, compile, or offer for sale or resale the messages, postings or content appearing on this site in whole or in part, throughout the world and universe, on a royalty-free basis without remuneration. If you cannot accept or agree with the terms of service for this website and discussion board, you are advised not to post on this board. In closing, I would like to remind you once again that it is still legal, in this great country of ours, to express a PERSONAL OPINION, as long as it is presented as opinion and not as fact. And finally, all you scammers out there will do well to remember that TRUTH IS AN ABSOLUTE DEFENSE against charges of libel, defamation, and slander... so if you're operating just a hop, skip, and jump ahead of the law, you might want to think twice before doing anything stupid... (AND SHAME ON YOU!!). |