Is spamming really that illegal?

W130SN said:
Thus if you do not follow those laws, IT IS ILLEGAL

Email Marketing IS LEGAL. SPAM IS NOT.

http://en.wikipedia.org/wiki/CAN-SPAM_Act_of_2003#Criminal_enforcement
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That is part of the problem. Everyone takes WIKIpedia as gospel and it's not. Try reading actually reading the CAN-SPAM act, instead of reading some garbage site that only has 50% of it's facts straight.

http://www.business.ftc.gov/documents/bus61-can-spam-act-compliance-guide-business

SPAM is defined as bulk unsolicited email, which is clearly legal per the CAN-SPAM act. Now this is not true in the EU. The EU actually has laws which prohibit bulk unsolicited email.
 
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Cnotey said:
That is part of the problem. Everyone takes WIKIpedia as gospel and it's not. Try reading actually reading the CAN-SPAM act, instead of reading some garbage site that only has 50% of it's facts straight.

http://www.business.ftc.gov/documents/bus61-can-spam-act-compliance-guide-business
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Wikipedia should only be used as a starting point for research. I have read the CAN-SPAM act and you obviously didn't understand it.

You are talking nonsense. The link you have posted are guidelines for businesses not to break the law.

[h=2]CAN-SPAM Act: A Compliance Guide for Business [PDF][/h] Do you use email in your business? The CAN-SPAM Act, a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have you stop emailing them, and spells out tough penalties for violations.
Despite its name, the CAN-SPAM Act doesn't apply just to bulk email. It covers all commercial messages, which the law defines as "any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service," including email that promotes content on commercial websites. The law makes no exception for business-to-business email. That means all email - for example, a message to former customers announcing a new product line - must comply with the law.
Each separate email in violation of the CAN-SPAM Act is subject to penalties of up to $16,000, so non-compliance can be costly
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If you break the law then you could face penalties.

As I stated previously, email spam is ILLEGAL, email marketing is not, there is a difference that I think you may have failed to understand.

If you do not comply with the LAW it is ILLEGAL.
 
Cnotey said:
I get so furious whenever I read so much mis-information. EMAIL SPAMMING IS NOT ILLEGAL. There are some laws you must abide by. You must give them an option to opt out. You must clearly describe the email as a marketing effort. You must use your real contact information.

So many people in here quoting the CAN-SPAM act and they've never read it! ARRRRRGH!
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The most contradicting post I've read..

It's not illegal but there's laws you have to abide by...
 
Beven said:
The most contradicting post I've read..

It's not illegal but there's laws you have to abide by...
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How is that contradicting?

Something is not illegal if you follow the laws lol.

I think we are mixing up the definition of SPAM.

The CAN-SPAM definition of SPAM is bulk unsolicited email. Which is clearly legal as long as you follow the guidelines.
 
Some of you guys need to read the facts Can Spam is serous i know alot of guys that got sued for millions when that shit was rolled out and they where going after bulk mailers.
Far as Fb its like anything else before the law is made if you become big enough and have been a major pain in the ass they will just sue you and they will win millions whether or not you have it is not a issue its a statement they will be making to the rest of the spammers.

And as far as hiding go ahead and try it the biggest haven't been able to hide if they live in the usa .The money will follow its way back to you are if its in a oversea's account the funds would be frozen until someone pops up to claim it.
 
Cnotey said:
How is that contradicting?

Something is not illegal if you follow the laws lol.

I think we are mixing up the definition of SPAM.

The CAN-SPAM definition of SPAM is bulk unsolicited email. Which is clearly legal as long as you follow the guidelines.
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I really think you need to re-read the act.

Whilst you are technically correct and using the definition given then SPAM (bulk sending of unsolicited email) is not illegal but failure to comply with the Act is.

http://www.legalarchiver.org/cs.htm
http://www.cybertelecom.org/spam/canspam.htm


Cnotey said:
How is that contradicting?

Something is not illegal if you follow the laws lol.

I think we are mixing up the definition of SPAM.

The CAN-SPAM definition of SPAM is bulk unsolicited email. Which is clearly legal as long as you follow the guidelines.
Click to expand...

Edit: I think I may have over reacted to Cnotey as what he says is correct BUT was unclear.
When people refer to SPAM I take it that they are referring to the illegal aspects.
I apologize to Cnotey if our wires became crossed.
 
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The point is that if you are going to do email marketing, you better abide by the law.
Spam by creating fake accounts is not illegal. However, if you do not abide by the TOS, the company can sue you for damages.
The amount you pay depends on the damage and if and only if the judge finds you guilty. Of course, most spam accounts are easy to delete so it usually cost more to press charges and hire lawyers than to clean up or delete the fake accounts that you created. They cannot sue you for the damage of the fake accounts other people did. So if a company website has 1 million fake user account spam and you only have like 30 accounts created, they cannot hold you liable for cleaning up 1 million fake accounts.
 
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Im wondering.

Say I have a business directory in the USA. I am actually based in another a country.

I have 200,000 emails I want to send to business owners in the directory to tell they can edit their listings.

If I include an easy opt out.
My business details and an address / phone number.
Use a real email address from the actual directory domain
Quote in the email it is following can spam act (apart from the fact i am sending unsolicited emails lol)
Quote is it for marketing purposes

But I am not selling anything.

You think I would get fined?

What can they do? shut down my site? Or would I get a warning?

cheers!
 
Pretty sure it is not illegal because some people have a personal and business account. I think a lot of people hare more than 1acconnt. It would be funny to see on the news that Someone got arrested for creating more than 1 account.
 
Civil lawyers think everything is against the law, thus, needs to have a civil penalty attached. Whether your email sending is against the law or not, they usually find ways to skew it in their favor and you'll be forced to defend yourself or pay a shakedown fee to get them off your back. Either way, they usually win. Not being traceable from the get go is your best bet.
 
I would Say you would be fine but the law says they have to have opt'd in are have some type of contact with you.

Also The Can Spam Act covers more then just email it has had additions over the years.
One I know of off the top of my head was Spiming back when i was big into chat bots.

And no i am not a lawyer i just dealt with it ALOT in my bulk email and Chat spam days.
 
You have to ask yourself this....
When has something being illegal stopped people from doing it and making money?
Focus on anonymity and the right set up and as long as it does not harm anyone then go for it.
 
I think it's just email.
Although I never understood how they would actually prosecute people.
An IP-address is a pretty weak evidence if you ask me.
 
Well I have seen lots of people makin fake social media accounts in millions and selling stuff
So i dont think its illegal if so then so many would be behind bars
 
Making Fake Twitter, FB and Google Plus Accounts are not illegal. Lots of people do seo with spamming and fake accounts. Only these ways help to survive in seo world.:)
 
Given that none of those service providers have constitutional powers to create and enforce laws - no, creating fake accounts is not illegal !
 
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