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FIB - Scams 101 - Ye Olde Archives
Posted By: Bill Carton - the Roadie <wcarton@flash.net> In Response To: That's what turned my brain to mush... (MaaMaw)
Wednesday, 30 August 2006, at 5:19 p.m.
> That's what I thought, but their email states: "According to Can Spam
> Act, it requires that commercial email be identified as an
> advertisement.... It also must include your valid physical postal address.
> PO box is not sufficient according to anti-spam regulations."
> A newsletter or email that someone opted into is still "commercial
> email" -- but it is definitely not UNSOLICITED commercial email.
SEC. 3. DEFINITIONS.
In this Act:
(2) Commercial electronic mail message-
(A) IN GENERAL- The term `commercial electronic mail message' means any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service (including content on an Internet website operated for a commercial purpose).
(B) TRANSACTIONAL OR RELATIONSHIP MESSAGES- The term `commercial electronic mail message' does not include a transactional or relationship message.
...
(17) Transactional or relationship message-
(A) IN GENERAL- The term `transactional or relationship message' means an electronic mail message the primary purpose of which is--
(i) to facilitate, complete, or confirm a commercial transaction that the recipient has previously agreed to enter into with the sender;
...
(v) to deliver goods or services, including product updates or upgrades, that the recipient is entitled to receive under the terms of a transaction that the recipient has previously agreed to enter into with the sender.
So if you're delivering a newsletter, ezine, message, advice, poem, or something already agreed upon by the recipient as completing a transaction (which definition does not require the exchange of hard currency), it is not commercial email. GetResponse is just being excessively picky. They're allowed, but I think they're waaaaaay too gunshy.
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