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Delta-Lawyer
Delta-Lawyer, Attorney
Category: Legal
Satisfied Customers: 3546
Experience:  10 years practicing IP law and general litigation
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I am manually gathering email addresses from publicly

Customer Question

Hello,
I am manually gathering email addresses from publicly available directories, and want to send a one time email to those addresses with the proper CAN SPAM unsubscribe option / disclosures.
Is it an issue that those email addresses never opted in to receive the first email? No further emails will be sent after the first one, unless recipients opt in.
Submitted: 1 year ago.
Category: Legal
Expert:  Delta-Lawyer replied 1 year ago.

Is it an issue that those email addresses never opted in to receive the first email?

As long as you procured the email addresses from an open source, and not through illegal means, and as long as you provide an opt out functionality in the email, then you are within the accepted legal bounds to conduct this operation.

As I understand it, this will be a one time email, allowing for opt in/opt out. That is the best practice and something that should surely be implemented in this effort. Otherwise, you could run afoul of some anti-span regulations and laws.

Let me know if you have any other questions or comments.

Please also rate my answer positively as well (4 or 5 stars).

Best wishes going forward!

Customer: replied 1 year ago.
the issue is that the email addresses never opted in to receive the first email.The other concern is whether the method of obtaining email addresses that I described above is legal or not. The emails are found through online university directories that are available to view to the general public. Is that considered open source?
Expert:  Delta-Lawyer replied 1 year ago.

That is considered open source and therefore legal to send one email, which allows you to either opt in or opt out. I would send no more than one email for the purpose of "fishing" though.

Customer: replied 1 year ago.
Got it - so from a CAN SPAM perspective, there is no problem that these emails are harvested from the directories?
Expert:  Delta-Lawyer replied 1 year ago.

That is correct because they have made themselves open source.