CA court requires sender identification on emails
Venkat analyzes the appeals court decision in Balsam v. Trancos, Inc.. In this case the appeals court decided that emails have to identify some actual person or entity they are sent by or from. Emails...
View ArticleProxy registrations and commercial email
Yesterday the law firm Venable, LLP published a document discussing the recent California appellate court decision in Balsam v. Trancos. Their take is that commercial email that contains a generic from...
View ArticleOne Click, Two Click, Red Click, Blue Click
I’ve seen a lot of discussion and arguments over the CAN SPAM rule about whether or not an unsubscribe needs to be a One-Click unsubscribe. It’s gotten so common, I have a stock email I use as a...
View ArticleLetting people stop transactional mail
The question of putting unsub links on transactional messages came up on multiple lists recently. As with any question that has to do with email and controlling it, there were a lot of different...
View ArticleQuestions about CAN SPAM.
In the US, the law governing the sending of commercial email is CAN SPAM. I’ve seen a number of questions about CAN SPAM recently. One came from twitter, where someone was asking if just having an...
View ArticleLet them go!
Unsubscribing should be so simple. Even if someone signed up for mail, senders should let them go when they unsubscribe. Unfortunately, there are a lot of senders that make it difficult to unsubscribe....
View ArticleHarvesting is alive and well
I’m finding out that email address harvesting off websites is alive and well on the Internet. We have a rotating address on the contact page, which does get harvested but usually the spam is attempting...
View ArticleYahoo changes
Thanks to tips by a couple blog readers and some clients, I have been looking into Yahoo disabling links in the bulk folder. It does appear Yahoo is no longer allowing users to click on links in emails...
View ArticleSpammers are funny
Dear Spammer, If you are going to send me an email that claims it complies with the Federal CAN SPAM act of 2003, it would be helpful if the mail actually complies with CAN SPAM. In this case, however,...
View ArticleDoes CAN SPAM require multiple opt-outs on emails?
Today’s Wednesday question comes from M. B. My company sometimes sends mail to our list on behalf of 3rd parties. A recent 3rd party told us that CAN SPAM requires the email contain their opt-out link...
View ArticleSocial invading everything
I discovered, inadvertently, that there is a business networking site modeled after dating site. If you’re selling something you go on the site and register as a seller. If you’re buying something you...
View ArticleLogging in to unsubscribe
I have been talking with a company about their unsubscribe process and their placement of all email preferences behind an account login. In the process, I found a number of extremely useful links about...
View ArticleCAN SPAM ruling against whois privacy protection
A number of bloggers (Venkat B., John L. and Rebecca T.) have mentioned ZooBuh, Inc. v. Better Broadcasting, LLC (No.: 2:11cv00516-DN (D. Utah May 31, 2013)) recently. In summary of the case is that...
View ArticlePapa John’s settles texting suit
Last year a class action law suit was filed against Papa John’s for violation of the Telephone Consumer Protection Act (TCPA) for texts received by Papa John’s customers. Customers allege they never...
View ArticleBad unsubscribe processes
We recently renewed our support contract with VMWare. It’s a weirdly complicated system, in that we can’t buy directly from VMWare, but have to buy through one of their resellers. In this case, we...
View ArticleAds in the Gmail Tabbed Inbox
One of the features of the new Gmail tabbed inbox is email-like ads placed by Gmail. Screenshot of the new Gmail ads. When you click on an ad, it opens up into a new window, behaving very similarly to...
View ArticleAre the new Gmail ads email?
I’ve seen lots of opinions over the last few weeks about whether or not the new ads in the Gmail promotions tab are email or not. Google is using its latest inbox redesign to stick ads in the holiest...
View ArticleDoes CAN SPAM apply to individual prospecting emails
Two different people on two different mailing lists asked very similar questions recently. Are people who send individual prospecting emails required to comply with CAN SPAM. My opinion (not a lawyer,...
View ArticleIs harvesting illegal under CAN SPAM
This issue comes up repeatedly, as many people have read the CAN SPAM act and believe that CAN SPAM specifically prohibits sending mail to harvested address. This is not how I read the law. The FTC...
View ArticleIgnoring opt-outs
One of the marketing solutions to the spam problem is just to have recipients opt out. We think that commercial e-mail should always — and I emphasize always — provide for a way for the consumer to...
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