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Is it legal to cold email a business by a guessed email?

Discussion in 'BlackHat Lounge' started by jamie3000, Nov 26, 2016.

  1. jamie3000

    jamie3000 Supreme Member

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    As the titles says. If I can guess the email address of a sales manager for example at company xyz. Is it legal to cold email [email protected] and try to sell him something? I know emailing people with scraped emails is illegal. But also I think the rules are different for companies as opposed to emailing people? I believe you can cold email companies, is this true?
     
  2. KraftyKyle

    KraftyKyle Jr. Executive VIP Jr. VIP Premium Member

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    Yes, spam is still spam if you are spamming...

    It doesn't matter how you acquire the emails/phones/addresses, saying "Well judge, honestly I guessed the telephone numbers..." probably isn't going to get you off free and clear.

    Though most likely you're not going to run into legal issues with what it sounds like you're doing so I wouldn't worry about it.
     
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  3. davids355

    davids355 Jr. VIP Jr. VIP

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    I believe it's still illegal.

    Only exception is if you are emailing a generic business email like info or admin - that can be done cold.
     
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  4. jamie3000

    jamie3000 Supreme Member

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  5. Skyebug77

    Skyebug77 Jr. VIP Jr. VIP

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    Its not illegal to cold email people or businesses, at least in the US.

    This spam loophole may interest you: https://www.blackhatworld.com/seo/m...phole-see-how-i-made-2k-in-a-few-days.890300/

    There seems to be a misnomer about what exactly spam is.

    So what is spam? And how does spam effect email and contact form marketing online?

    Most people would define spam as any solicitation via email that is unsolicited, promoting a service or product offer in which the recipient did not “opt-in” to the mailing. However, this understanding is based more on perceptions of personal opinions and is not actually based on laws in the United States that govern rules for electronic messaging. The CAN-SPAM Act, is a law administered by the Federal Communications Commission that sets the rules for commercial emails and all forms of electronic messaging, establishing requirements for commercial messages, giving recipients the right to have you stop emailing them, and spells out tough penalties for violations of these laws. Despite misconceptions of this law generally, the CAN Spam Act is often referred to as the “I-CAN-SPAM-Act” because rather than forbidding companies or individuals from emailing non-opted in subscribers, it sets forth rules that allow for promotional messages to be sent without any prior consent of the recipient.



    So what do the rules say?

    The Spam act is very clear in their rules (which you can read in full here: https://www.ftc.gov/tips-advice/business-center/guidance/can-spam-act-compliance-guide-business ).

    Simply stated these rules do not prohibit any one from messaging someone electronically without permission. The rules set guidelines such as the following.

    1. Don’t use false or misleading header information. Your “From,” “To,” “Reply-To,” and routing information – including the originating domain name and email address – must be accurate and identify the person or business who initiated the message.
    2. Don’t use deceptive subject lines. The subject line must accurately reflect the content of the message.
    3. Identify the message as an ad. The law gives you a lot of leeway in how to do this, but you must disclose clearly and conspicuously that your message is an advertisement.
    4. Tell recipients where you’re located. Your message must include your valid physical postal address. This can be your current street address, a post office box you’ve registered with the U.S. Postal Service, or a private mailbox you’ve registered with a commercial mail receiving agency established under Postal Service regulations.
    5. Tell recipients how to opt out of receiving future email from you. Your message must include a clear and conspicuous explanation of how the recipient can opt out of getting email from you in the future. Craft the notice in a way that’s easy for an ordinary person to recognize, read, and understand. Creative use of type size, color, and location can improve clarity. Give a return email address or another easy Internet-based way to allow people to communicate their choice to you. You may create a menu to allow a recipient to opt out of certain types of messages, but you must include the option to stop all commercial messages from you. Make sure your spam filter doesn’t block these opt-out requests.
    6. Honor opt-out requests promptly. Any opt-out mechanism you offer must be able to process opt-out requests for at least 30 days after you send your message. You must honor a recipient’s opt-out request within 10 business days. You can’t charge a fee, require the recipient to give you any personally identifying information beyond an email address, or make the recipient take any step other than sending a reply email or visiting a single page on an Internet website as a condition for honoring an opt-out request. Once people have told you they don’t want to receive more messages from you, you can’t sell or transfer their email addresses, even in the form of a mailing list. The only exception is that you may transfer the addresses to a company you’ve hired to help you comply with the CAN-SPAM Act.
    7. Monitor what others are doing on your behalf. The law makes clear that even if you hire another company to handle your email marketing, you can’t contract away your legal responsibility to comply with the law. Both the company whose product is promoted in the message and the company that actually sends the message may be held legally responsible.
    So simply put the rules that govern in the US are clear and can be simply stated like this:

    Use your real info, don’t be misleading, be honest in your message and if someone asks you not to contact them again honor it. Its that simple.
     
    Last edited: Nov 26, 2016
  6. jamie3000

    jamie3000 Supreme Member

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  7. Skyebug77

    Skyebug77 Jr. VIP Jr. VIP

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    I edited my post above with some more info you may find interesting.
     
  8. dami3n

    dami3n Regular Member

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    Cold calling is fine... spam refers to email as @Skyebug77 has stated. I cold call all the time. If you were to flood their line with an automated bot to block incoming calls then of course someone might be asking questions. Worst case scenario they give you abuse on the phone or tell you not to call again. I also get tons of random cold calls a week on my home line do i file a claim against them ? no i put them on hold.