We recently renewed our support contract with VMWare. It’s a weirdly complicated system, in that we can’t buy directly from VMWare, but have to buy through one of their resellers. In this case, we purchased the original hardware from Dell, so we renewed our contract through Dell. Dell sends my email address over to VMWare as part of the transaction. My only role in this is as CFO. I...
Last year a class action law suit was filed against Papa John’s for violation of the Telephone Consumer Protection Act (TCPA) for texts received by Papa John’s customers. Customers allege they never opted in to receive promotional text from the company. Papa John’s claim that they didn’t send the marketing, but instead was sent by third party contractors. A blog post on...
A number of bloggers (Venkat B., John L. and Rebecca T.) have mentioned ZooBuh, Inc. v. Better Broadcasting, LLC (No.: 2:11cv00516-DN (D. Utah May 31, 2013)) recently. In summary of the case is that ZooBuh is an ISP that has sued Better Broadcasting for spamming in violation of CAN SPAM. Their case hinged on the receipt of more than 12,000 emails from Better Broadcasting, LLC. ZooBuh said these...
I have been talking with a company about their unsubscribe process and their placement of all email preferences behind an account login. In the process, I found a number of extremely useful links about the requirements. The short version is: under the 2008 FTC rulemaking senders cannot require any information other than an email address and an email preference to opt-out of mail. That means...
I discovered, inadvertently, that there is a business networking site modeled after dating site. If you’re selling something you go on the site and register as a seller. If you’re buying something you go on the site and register as a buyer. Buyers can post RFIs and sellers can respond. Decent enough business model, they’ve even fleshed it out so the site itself acts as an...
Today’s Wednesday question comes from M. B. My company sometimes sends mail to our list on behalf of 3rd parties. A recent 3rd party told us that CAN SPAM requires the email contain their opt-out link as well as ours. Is this correct?” The FTC’s most recent rulemaking says specifically that this sort of multiple opt-out is confusing for the consumer and the only company that...
Dear Spammer, If you are going to send me an email that claims it complies with the Federal CAN SPAM act of 2003, it would be helpful if the mail actually complies with CAN SPAM. In this case, however, you are sending to an address you’ve harvested off my website. The mail you are sending does not contain a physical postal email address. You’re also forging headers. Both of those...
Thanks to tips by a couple blog readers and some clients, I have been looking into Yahoo disabling links in the bulk folder. It does appear Yahoo is no longer allowing users to click on links in emails that Yahoo places in the bulk folder. In fact, some of the spam in my Yahoo mailbox even has a notice about this. One of the interesting questions I’ve gotten about this is how it affects...
I’m finding out that email address harvesting off websites is alive and well on the Internet. We have a rotating address on the contact page, which does get harvested but usually the spam is attempting to sell me blog related services. I didn’t expect to get a very different collection of emails to the address I posted here. I’m quite surprised that address is getting a...
Unsubscribing should be so simple. Even if someone signed up for mail, senders should let them go when they unsubscribe. Unfortunately, there are a lot of senders that make it difficult to unsubscribe. In fact, many companies are still hiding unsubscribe links behind login pages. Neither a sender nor any person acting on behalf of a sender may require that any recipient pay any fee, provide any...
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