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[John Morrison]

Hi Michael,

First, is there any case history that would suggest an auto responder email sent in response to a web form request could be considered SPAM?

Second, is a casual email interaction, e.g. someone sending or replying to your email address, considered a prior relationship according to CAN-SPAM?

Thanks.

[ElevatingYourBusiness]

If I meet someone at a networking event and give them my business card, can they just add me to their mailing list .. where I end up having to unsubscribe?

[Mike Young]

If I meet someone at a networking event and give them my business card, can they just add me to their mailing list .. where I end up having to unsubscribe?

Nope. That's one of my biggest pet peeves about networking groups. Every idiot with a biz opp and an autoresponder service thinks that a business card is a license to send unsolicited commercial e-mail (spam) after receiving a business card. Most apologize when called on it. A few get nasty. The latter gets forwarded to the FTC as a spam complaint.

The correct way to handle a business card received at an event is to send a personalized e-mail or snail mail and mention as a small part of that personalized message that you have an e-newsletter and the URL where they can sign up if they're interested. That's permission-based marketing and relationship-building instead of spamming.

FWIW, there are several autoresponder services that really don't care if you spam. I personally use AWeber because the service does care and makes it hard to import names that haven't opted in to a list. If you want to use my affiliate link to sign up with Aweber, PM me and I'll provide it. Regardless, I highly recommend the company for the doing the right thing.

Best wishes,

-Mike

[ElevatingYourBusiness]

Thanks ...


I contacted Constant Contact today, just to make sure what their policy is, and it's squeeky clean (as far as Can Spam)

I have met one web designer who told me that he's had his lawyer read CAN SPAM and is telling his clients that it's OK.  ERRRR


I've created a form letter now to send out when the first time someone does this to me again.  Sent two out today, I await their response

[Lisa Preston]

A simple web designer with a lawyer? For reading the CAN SPAM Act?

LOL!!!

I don't think so.

[JohnWilliams]

Lisa, maybe the web designer and lawyer are closely related or the web designer has done something which made him/her think that retaining a lawyer a wise career move.

John Williams

[Lisa Preston]

It's possible, but I doubt it.
Maybe a 30% chance, especially with the "advice" they said they were given.

I'd bet that the webdesigner either knew he/she was in a grey area or maybe just figured they were right, and attempted to back up their opinion by throwing in the "lawyer said" thing.

I'd have likely replied with, "Hey, great! Can you give me his contact info so I can get a letter to that effect myself?" I would bet my bottom dollar that the contact information wouldn't be produced.

[ElevatingYourBusiness]

Lisa,

Yes. Web designer with an attorney.  I think it's a must to have one no matter what your business is. 

And here I was talking about a Microsofty retiree (at 30)  who opened a web design/hosting/ecommerce/CMS/blog programs/etc/etc/ all built in type of company.  I'm pretty sure that the company is funded by Angels or VCs, too.


AND... I would never post something that isn't true.

[Lisa Preston]

It wasn't YOUR statement I thought was untrue - I am sure you believed the guy.
I still SERIOUSLY have doubts that the web designer had any lawyer tell him that. And Yes, any business should have one, but a web designer wouldn't have one on retainer to answer questions like that.
I have a couple of lawyers I ask advice from on different issues, depending on their specialty. But I am not wasting time and money asking stuff like that - and if a lawyer I actually paid gave me that advice...

[zeitgeist]

Did you know that 50% of lawyers finished in the bottom half of the class at law school?

[Brad West]

I have been dealing with people in the construction field for over 18 years as a general contractor.  I have in that time dealt with people in most every realm imaginable including lawyers.

I guess all I have to say is I wouldn't rule out or any actions put forth by any members of the human race, nor those that try to have themselves included in the human race.

It takes all kinds, and people don't think for themselves anymore, so they ask others questions and settle for any answer they get allot of times.

Just trying hard to be nice!
Brad West ! onomoney