Ask a Lawyer and Get Answers to Your Legal Questions
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.
Please allow me several minutes to read your facts and type my response.
If you receive an email regarding a phone call for an extra price that comes directly from the website and not from me and I have no control over the sending of the email. I don't take part in the telephone program and only work through this format and under your facts this format should be sufficient.
Yes, spam is illegal under the CAN-SPAM act. You can run an internet search and find a multitude of sites referencing that act.
Courts and email marketers are constantly arguing about what is and is not SPAM and there has not been a final definitive answer to that. However, in the cases I've been involved with an have seen the court normally focuses on whether someone has asked for information and/or whether someone has opted-in or failed to opt-out from receiving emails. My personal believe and interpretation is that if you have not opted-in, do not have a prior relationship, or have not requested information then sending bulk emails is SPAM and can result in a lawsuit or even potentially criminal type charges under the right fact situation.
If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.