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Do I have to put an "unsubscribe" link in all my emails? WTF?

Discussion in 'BlackHat Lounge' started by taranisman, Jan 24, 2013.

  1. taranisman

    taranisman Newbie

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    I found people that I was trying to offer a new website to. They have thier contact information on the first page of their shitty site so I emailed them a personal email offering to build a new website. This is one of the emails I got back...lol.

    You are failing to comply with Washington State's anti-spam laws. You MUST
    > include an "unsubscribe" link that allows an individual to remove themselves
    > from your e-mail list.
    >
    > Failure to do so WILL result in WA State assessing a $500 fine PER E-MAIL.
    >
    > Remove me immediately or I will forward your e-mail to the appropriate WA
    > State authorities.
    >
    PS this guys "website" is powered by Yahoo so you can imagine what a P.O.S it is. What a dick.
    Does anyone know if I have to put an unsubscribe link in ALL of my emails?


    UPDATE: This is what I sent back. Apparently Ambulance-chasers aren't the best people to solicit from, even if it is legit and not spam.


    You have a website up which lists your contact information.
    I didn't break any laws, nor was this email sent as part of an email "list".
    I am trying to find people that could use a new website as yours is
    extremely outdated and probably not very effective.
    You could have had just said that you weren't interested.
    Clearly you are happy with your business the way it is so I
    won't be sending you any more emails. Consider yourself "unsubscribed".
     
    Last edited: Jan 24, 2013
  2. zai21

    zai21 Regular Member

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    I would e-mail him back saying "So you don't want the website?"

    But no really, he can't do anything because he wasn't ON a list. If you're going to a guys site, see its crappy and say "hey let me email dude if he wants a new site". I don't see how you can get fined for that.
     
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  3. Furious George

    Furious George Supreme Member Premium Member

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    He made his email public... this isn't spam, as the way most spam laws are written. It would be no different than if you sent him a letter in the mail.
     
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  4. Qokaine

    Qokaine Regular Member

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    lol no you do not need to, that's only for newsletters that's mass marketing something typically, just refer to the CAN-SPAM act/law, it's pretty laughable as it doesn't prohibit you from mailing anyone it's just for emails that if it's unsolicited spam with no unsubcribe link and not including the business address in the marketing email.

    src: http://en.wikipedia.org/wiki/CAN-SPAM_Act_of_2003
     
  5. bigkapp

    bigkapp Regular Member

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    That's a pretty funny story taranisman, but Yes , put an opt-out link in all of your email's is the only way to stay can-spam compliant.
     
  6. kvmcable

    kvmcable Supreme Member

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    Well obviously you're not cloaking your identity well if they can contact you so the answers is yes. Google CAN-SPAM and see it is a requirement as well has disclosing your physical address and a dozen other rules.

    If you're going to spam you better learn how to do it from the bunkers and remain anonymous. There are thousands if not millions of people that just love to spoil a spammer's day. I'm even guilty when I have time and the fool doesn't take no for an answer.

    It's real simple to trace spam source, domain hosts, registrar records and all the servers in the path. Even if the spammer is somewhat intelligent you attack the money site and they'll attack the spammer. Trust me that someone in the spam path or destination will be mighty pissed when they get a report of spam. I've even had Namecheap null route domains when they get a report.

    Spammers are mostly idiots that have no clue how to cover their tracks and to bust them is child's play. I entertain myself sometimes but most of the time I just click delete and block. When they spam the same message multiple times from multiple domains I get serious and pissed. Like the domain selling idiots. One or two messages for a possible domain and I can't be bothered tracing them. A week of 5 emails a day promoting the SAME domain and now you gave me a reason to shut your ass down.

    Be smart if you're going to be illegal. Spamming is illegal in case you have any doubts.
     
  7. kvmcable

    kvmcable Supreme Member

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    Good luck with that relational contact defense. You better have the person's full contact information, proof in inquiry or order and your email had better be related only to such. Here is the legal version of what you claim is laughable which has very strict rules for contact and I don't see future unrelated promotional offers in the list:

    (17) Transactional or relationship message

    (A) In general The term "transactional or relationship message" means an electronic mail message the primary purpose of which is—

    (i) to facilitate, complete, or confirm a commercial transaction that the recipient has previously agreed to enter into with the sender;
    (ii) to provide warranty information, product recall information, or safety or security information with respect to a commercial product or service used or purchased by the recipient;
    (iii) to provide—

    (I) notification concerning a change in the terms or features of;

    (II) notification of a change in the recipient's standing or status with respect to; or

    (III) at regular periodic intervals, account balance information or other type of account statement with respect to,
    a subscription, membership, account, loan, or comparable ongoing commercial relationship involving the ongoing purchase or use by the recipient of products or services offered by the sender;
    (iv) to provide information directly related to an employment relationship or related benefit plan in which the recipient is currently involved, participating, or enrolled; or
    (v) to deliver goods or services, including product updates or upgrades, that the recipient is entitled to receive under the terms of a transaction that the recipient has previously agreed to enter into with the sender.


    Your other defense is for confirmed subscribers which the OP doesn't appear to have. Hosts aren't pricks about spam because there aren't solid consequences of allowing it. Matter of fact there are several Attorneys that make it THEIR JOB to prosecute and sue spammers. Email one of them and see how well these defenses work.
     
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    Last edited: Jan 24, 2013
  8. taranisman

    taranisman Newbie

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    This guy was an attorney, so I figured he could afford a better website. What a joke. So basically if I am sending an email as part of a sales pitch, I need to add an unsubscribe link. The email was sent from my work email, which is my company name. A Little touchy I guess huh? Anyone have a quick and easy way to add the unsub link to my emails? I'm trying to run a legit company and I don't need any trouble with the man.
     
    Last edited: Jan 24, 2013
  9. Gogol

    Gogol Elite Member

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    What's the problem if you put a link there? I hope your email sending service isn't charging you per character of the mail content :p
     
  10. Furious George

    Furious George Supreme Member Premium Member

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    I would do this 1000 times, see how many complaints you get. I'll bet it will still be just the one guy. It's not that big of a deal. Just don't email him back and move on.
     
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  11. kvmcable

    kvmcable Supreme Member

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    And you better have confirmation they signed up for your mailing. You can't just email people by scraping email addresses or buying lists without consequences. That was the whole purpose of the CAN-SPAM ACT of 2003.

    If the guy wants to be a prick about it he can send that email to your hosting company and sometimes just a single complaint but certainly a few complaints and you'll be looking for a new hosting company. Even if the email doesn't pass through the host, if the link in the email is to the host then they'll consider it a valid spam complaint. The least you need is a disposable (buffer) site if you're going to continue marketing like this. Don't link spam to your money site.
     
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  12. yzal10

    yzal10 Newbie

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    Ey thanks OP, I will use the exact words he used to annoy someone who email me.. xD
     
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  13. smoker450

    smoker450 Newbie

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    dude, he got the email from the 'contact us' page of his own website. He didn't scrape the email address or buy a list.
     
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  14. cgimaster

    cgimaster Power Member

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    Well you could always download or make a simple php with mysql to store all emails with a field telling you which emails opted out.

    And set a link on your emails that when click redirects to this php and mark that email as opted out.

    As you go you can make it more advanced like adding which marketing mail was opted out etc.
     
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