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FIB - Scams 101 - Ye Olde Archives
Posted By: Bill Carton - the Roadie <wcarton@flash.net> In Response To: Well CRAPPYDOODLE!! Including physical address on opt-in email is the PITS..... (MaaMaw)
Wednesday, 30 August 2006, at 5:37 a.m.
> I didn't realize you had to include your physical address with *all*
> emailings. Silly me... I thought it was just for UNSOLICITED email. I just
> signed up with GetResponse and they tell me I do -- and I have to assume
> they're right, since they come highly recommended by everyone and their
> grandma.
1) The CAN-SPAM requirement for a physical address is only for UCE - Unsolicited Commercial Email - not for legitimate confirmed opt-in emails you send yourself. The Federal law doesn't apply to honest legitimate email. It just clarifies the requirements placed on spam. Yes, it's a lame, lame, lame law because there should be NO loopholes allowed for spam, but that's what the DMA (Direct Marketing Association) lobbied for and obtained.
2) GetResponse as a service provider is allowed to set any additional rules they want on sending email on your behalf. Since they don't want to get in trouble or blacklisted if a crook signs up with them, uploads a dirty harvested address list, and they send the UCE, they want to protect themselves against that risk, so it looks like they insist on a physical address to make sure they meet the letter of the law. But it's something they do to protect themselves, and nothing required by CAN-SPAM.
3) If you sent the emails yourself, the rules might be set by your own provider, and I don't know of any who have gone as far as GetResponse. So you're right if you send the email, and GetResponse is right if they send the email, but they shouldn't blame CAN-SPAM for putting a requirement on them since they're not (usually) sending UCE. It *is* a relatively easy way for them to send spammers a message that they should look elsewhere for service. Unfortunately, it also sends a message to some legitimate prospects like you who also value their privacy. Ask them if they would offer an added-value service of using THEIR physical address to handle snail-mail remove requests?
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