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KJLLAW
KJLLAW, Attorney
Category: Business Law
Satisfied Customers: 741
Experience:  Attorney at Law Office of KJLLAW
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I'm a doctor, I teach seminars, and I email

Customer Question

I'm a doctor, I teach seminars, and I email announcements to other doctors from email addresses I find online. Some websites have a disclaimer that says, by clicking here and entering our site you agree that to use our site you may not copy or send our members commercial emails. Can I go ahead and send those members email advertisements anyway, since emails can't be copyrighted? Thank you.
Submitted: 9 months ago.
Category: Business Law
Expert:  KJLLAW replied 9 months ago.

Hello and welcome to Just Answer. No attorney-client relationship or privilege is formed by speaking to an expert on this site, the answers are for general information. By continuing, you confirm that you understand and agree to these terms.

Commercial email is strictly regulated under the CAN-SPAM ACT of 2003. The CAN-SPAM Act defines commercial email as “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), yours would fall under a commercial service. Under the ACT consent to receive commercial emails may be oral or written, you must tell your entities name, and if different than yours, the name of the entity advertising products or services, all commercial email messages sent out after you've received authorization must allow you to "opt out" of receiving future messages. The persons must be allowed to opt out the same way they can opted in, including by dialing a short code. legally, you have 10 days to honor requests to opt out.

I hope this answers your question. Anything else, just ask.

Customer: replied 9 months ago.
Sorry, this doesn't address my question. We are completely compliant with the Can Spam act. MY question is: can a website restrict me from using the member emails they post, by saying "if you click here to access our site, you agree to not email our members for commercial purposes?'
Expert:  KJLLAW replied 9 months ago.

Yes they can, they most likely have some agreement with each of the members, and the use of their emails for commercial purposes.

Customer: replied 9 months ago.
Thank you. How about if there's nothing to click on, thee's free access anywhere on the site. but the site just says " information is provided under the agreement that it not be used to advertise, solicit or sell products, services or other offerings."
Expert:  KJLLAW replied 9 months ago.

They could still argue that the restrictions on use of the members email is indicated. Based upon that wording I would not use the emails from that site.

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