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FIB - Scams 101 - Ye Olde Archives
Posted By: the roadie <wcarton@flash.net> In Response To: Apples to Apples Roadie? (Woody Quiñones)
Thursday, 15 June 2006, at 7:07 p.m.
> Roadie,
> Your whole explanation doesn't make sense.
Sure it does.
> Don't email them but direct mail them. In both instances, she is still
> using her customer's personal information to contact them. So where does
> one draw the line?
Postal mail is a medium whose cost is entirely borne by the sender. UCE and junk faxes cost the recipient more than the sender, so it's considered cost-shifted advertising. Nobody should be allowed to force the recipient to spend time or money without their prior informed consent, and that's the main reason spam and junk faxes and collect telemarketing calls and cell phone telemarketing calls are all banned.
> It's either do it or don't. None of this lesser of two evils nonsense.
You need to consider the cost issue, and why "free speech isn't free if it comes postage due".
> A one time email, thanking the client for placing orders with their
> company, and then giving her clients a heads up, to what they can expect
> from her company, is not SPAM.
Well, as an aside, "SPAM" is the trademark of Hormel company for their processed meat product. UCE (unsolicted commercial email) is spelled spam. The time for that email was with the order confirmation, not 1, 2, or 3 years later.
> It's called a company update and they are not selling anything.
Spam is not defined by whether or not it directly is selling anything. It's unsolicited. It's bulk/commercial. And it's email.
Even if I as a network engineer would not disconnect a customer for a one-time email like this, there are some who would. That's why my message said to be PREPARED for spam complaints.
> Companies,
> from Microsoft to Walmart do it all the time and have been doing it for as
> long as there has been emails and written confirmations. Even my little
> small town bank does it. That is commerce and called a business letter.
But if it's sent in UCE it's spam, and very risky.
> Politely letting the client know, that this is a ONE-TIME email and will
> receive no more correspondance about it, and then ask the client if they
> would like to receive their newsletter.
Spammers have poisoned the well of initial communications like this, since they ALL lie when they say "this is a one-time email". So that phrase no longer gets a lot of weight, and actually is built into a few filters to automatically identify the email as spam.
I wish the spammers hadn't managed to partially destroy email as a useful communication medium, but it happened and it's not my fault.
> If not do nothing. If they do then click the link.
Thats the proper way to run confirmations, but too many marketers want to do it backwards. They send emails in the guise of confirmation requests, but they say "if you do nothing, you get added to the list." The innocent recipient should have to take no action to stay off a list they never asked to be on in the first place. You have a good understanding of how to run a proper confirmation.
My issue is with the age of the email list, and the assumed acquiescence of the customer that they intended an ongoing relationship rather than a one-time, now consummated, purchase. That's taking liberties, in my book. Not in everybody's, to be sure. I know it happens all the time, but it isnt 100% safe or right, is my point.
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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!!). |