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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33926
Experience:  Began practicing law in 1992
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Is this legal? 1) Company sells web services.2) Company

Customer Question

Is this legal?
JA: What state are you in? It matters because laws vary by location.
Customer: 1) Company sells web services.2) Company scrapes the internet to get free email addresses. 3) Emails offer analysis of website errors are sent in bulk to the email list. 4) The owner of the company says these mailings are not spam because the emails contained information about the websites, ierrors, etc. 3) If client.wants to see a proposal, freelancers are used to execute. . Is the bulk email spam? Is spam actually illegal?
JA: Has anything been officially filed? If so, what?
Customer: DK
JA: Anything else you want the lawyer to know before I connect you?
Customer: they are trying to sell the business to me. I thought spam was illegal
Submitted: 1 month ago.
Category: Legal
Expert:  Dwayne B. replied 1 month ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Expert:  Dwayne B. replied 1 month ago.

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.

Expert:  Dwayne B. replied 1 month ago.

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.