To SPAM, or not to SPAM.............?

[deftcreative]

I don't know about anyone else, but I still find the anti-spam laws in UK a very grey and confusing area.

Replies from previous posts elsewhere about this suggest that you shouldn't under any circumstances email a company unless you have dealt with them before or they have opted in to receive an email from you (such as a newsletter subscription). So this is what I stick to.

However, every day I receive an email from companies that make me think "are they breaking the law, or are we allowed to send emails like this"?? This prompted me to post this issue again.

I regularly get emails from companies regarding outsourcing web design work to them, often from India, but equally as often from UK companies. These are definitely generic emails, and often use my "nospam@" email address, meaning that it is likely that a human hasn't been involved in selecting my company as a recipient.

If a company looks at another companies website and thinks they can offer them something of value, then is it ok to send that one company an email about it?

What if it's just a quick note saying that you think you have something they might be interested in, and can you send them some details about it?

I received an email, which was relevant to my business but unsolicited, with a footer containing a disclaimer "This email is not SPAM. I personally discovered your company in good faith by visiting your website where I noted your published email address. You have the option to opt out of receiving any communication from me again by clicking the link below"
Does this make it right?

What if you email a company about something of mutual benefit, e.g. a commission based affiliate scheme you are running that would suit their website?

Buying opt in email lists, to me are even less relevant than manually discovering email addresses yourself. I'm sure that most of these "opted-in" companies are only there because they failed to see the "tick this box if you do not want to receive 3rd party correspondence" option.

Direct mail is easier, because you have the MPS to check against. But having sent out a letter to companies by post, can you then send them a follow up email?

An example scenario (this is not really what my business is involved in)

My company has made a website script that would help estate agents. Can I contact estate agents by manually gathering addresses via Google/Yellow pages?

1) I come across 1 estate agent that from the look of their website, could benefit from our script. I email them about it mentioning something specific about their website or how it can be improved with our product.
2) I email 10 estate agents, one at a time with the same email, nothing personalised to them.
3) I email 100 local estate agents, one at time. I haven't checked their website to see if our product is relevant to them.
4) I purchase a list of 10,000 agents, and send a bulk email to all of them with a sales pitch. I have never heard of most of them or checked if they even have a website.

Which are spam, and which are allowed forms of marketing?


Definition according to http://www.spamhaus.org/definition.html:

"A message is Spam only if it is both Unsolicited AND Bulk"


Would be good to get a discussion going, or even better some simple answers…………….

[MorethanWords]

I have emailed businesses regarding my copywriting to see if they outsource, I've even telephoned marketing companies to see if they use outside companies. I have discovered that by telephoning to check that they're interested you get a better response, although people could also say this is wrong (i.e have I used the TPS?).

What I say is, there's no harm in trying. I contact companies individually, not using bulk mail - as and when I see that they could possibly benefit from my assistance. However, I write it as a personal, individual letter (unlike some bulkmail I get which is obviously blatant sales/advertising with giant red writing offering a product that would have absolutely no use or benefit to me.

I say: Do your research, personalise it and get on the phone a bit too, and people won't be offended by your contact. Well that's what I've found anyway!

[bwglaw]

I don't know about anyone else, but I still find the anti-spam laws in UK a very grey and confusing area.

That is correct, a grey area but also lack of enforcement especially when the 'spam comes from outside the UK.

If a company looks at another companies website and thinks they can offer them something of value, then is it ok to send that one company an email about it?

What if it's just a quick note saying that you think you have something they might be interested in, and can you send them some details about it?

If you approach them direct with a single email and ideally personalised it should not be a problem and the recipient is likely to view it as non-spam.

I received an email, which was relevant to my business but unsolicited, with a footer containing a disclaimer "This email is not SPAM. I personally discovered your company in good faith by visiting your website where I noted your published email address. You have the option to opt out of receiving any communication from me again by clicking the link below"
Does this make it right?

If it was solicited, how can it be spam? If the email does not appear to be done in bulk, and appears to have been sent automated then it is likely to be viewed as spam.

What if you email a company about something of mutual benefit, e.g. a commission based affiliate scheme you are running that would suit their website?

A business should be allowed to interact with another business in order to make sales and this is where the Government comes stuck because by applying a too strict guideline on electronic communications would restrict the right to free trade.

My company has made a website script that would help estate agents. Can I contact estate agents by manually gathering addresses via Google/Yellow pages?

You are likely to infringe the Copyright Design and Patent Act 1988 if you use any data from Google/Yellow Pages for the purpose of mailing, especially in bulk.


1) I come across 1 estate agent that from the look of their website, could benefit from our script. I email them about it mentioning something specific about their website or how it can be improved with our product.
2) I email 10 estate agents, one at a time with the same email, nothing personalised to them.
3) I email 100 local estate agents, one at time. I haven't checked their website to see if our product is relevant to them.
4) I purchase a list of 10,000 agents, and send a bulk email to all of them with a sales pitch. I have never heard of most of them or checked if they even have a website.

Which are spam, and which are allowed forms of marketing?


This is the grey area, however the guidelines appear to be more relaxed when making contact with a business. It is a tough area to regulate hence the Information Commissioner's not enforcing every 'spam', especially with most coming from outside the UK

One area I will need to check is whether it actually applies to not only a UK-based business, but also to UK-based mailservers and UK-based domain names. Most likely to apply under common sense but will look at the technicality when I have time.

The above is just my opinion and not an interpretation of the law or the guidelines because I have not read the guidelines in depth. However, more information can be found at:

http://www.informationcommissioner.gov.uk/eventual.aspx?id=5801

[deftcreative]

@handsongroup

wow. a great response, thanks for taking the time to do that.

The problem is the information commissioner guidelines are on the stricter side of all this, so I have been following them, but it seems like everyone else is benefitting from this added marketing method and taking it upon themselves to interpret it a bit more loosely.

Are there cases of people being fined £5000 for sending out a handful of emails? Or is this just reserved for the massive bulk senders?

[JustOneUK]

I have discovered that by telephoning to check that they're interested you get a better response, although people could also say this is wrong (i.e have I used the TPS?).

I think phoning is a better idea first. Correct me if I am wrong, but I don't think a business can opt for TPS. It is to stop domestic phone numbers receiving unsolicited calls. Any company that 'advertises' it's phone number on it's adverts...is basically saying...call me !

you don't do that with your residential phone number do you?

and if your business number on your advert in the local paper is also your home phone number...well that's just stupid, and you deserve millions of calls :wink:

[deftcreative]

@JustOneUK No I don't do that.

Similarly then, if a company displays it's email address, then they are saying "email me" ?

[bwglaw]

Are there cases of people being fined £5000 for sending out a handful of emails? Or is this just reserved for the massive bulk senders?

That I cannot answer, but the IC will enforce against those who regularly send spam by automated means and in 'bulk', which they have the power to prosecute.

I see from your original post the issue of 'bulk' is where you are stuck. To be on the safe side, send personalised emails to the estate agents and restrict it to say 5 estate agents. The definition of 'bulk' is a technical point because what constitutes 'bulk' in IC's view?

The issue of spam is an area I rarely advise on because many small businesses do not seek advice from a lawyer unless they have been issued with a prohibition notice from the IC or issued a summons. Larger companies tend to seek advice from a specialist embedded with other issues.

Will get back to you on the 'bulk' issue

[bwglaw]

I think phoning is a better idea first. Correct me if I am wrong, but I don't think a business can opt for TPS. It is to stop domestic phone numbers receiving unsolicited calls. Any company that 'advertises' it's phone number on it's adverts...is basically saying...call me !


Business can opt-out using the TPS, according to the IC's website below:

http://www.informationcommissioner.gov.uk/eventual.aspx?id=95

[deftcreative]

I have no intention of sending bulk. But one or two here and there to businesses would be useful

[bwglaw]

I have no intention of sending bulk. But one or two here and there to businesses would be useful

You should be safe then provided you don't email the same person/company offering the very same thing otherwise they will notice your email and make a complaint.

Be a good idea to keep a record of who you have emailed and then you can show it was not automated and not bulk.

[crus]

HandsOn you de man!

Quick one on this then,
what if a company who opted in as part of a service contacts you to opt out but does not respond to the email stating that they will need to confirm that they do not require the complimentary service which being on the mailing list acheives for them.

D

[bwglaw]

Its past midnight here so will reply tomorrow, need to re-charge my brain ;)

[Jayne]

What's the point of sending out emails, you know people don't want. Even if they didn't confirm to cancel, it will only annoy them anyway and they'll stick you in the spam report bit :lol:

Just seems a waste of time, just send to those who ask for them, I always report spam if I haven't joined up for it or is relevant to my biz. :D

Jayne

[bwglaw]

HandsOn you de man!

Quick one on this then,
what if a company who opted in as part of a service contacts you to opt out but does not respond to the email stating that they will need to confirm that they do not require the complimentary service which being on the mailing list acheives for them.

D

In the sceanrio you mention above, the Data Protection Act 1984/1998 will come into play on how data is managed. This is why the Information Commissioners are responsible for the Privacy and Electronic Communications Regulations and the Data Protection Acts.

If a company/person has opted-in to receive information from you and later changes their mind all they are required to do is to merely bring it to your attention. This can be done in various ways, but must be in writing i.e. email with 'remove' in the subject/body of the email, letter, fax, etc. They should not have to be forced to use an online system as the only means of opting out.

Merely notifying the company holding your data (Data Controller) in writing is sufficient. If they fail or refuse to remove your personal data you can make a complaint to the Information Commissioners.

If you are experiencing a specific problem, just email me at the email address in my signature.