GFY Lawyers: Dating Mailings

[CS-Jay]

What are some of the things I should watch out for if I want to do very legit, double opt in mailings using only dating affiliate programs?

[Barefootsies]

You should start by reading the laws involving CAN-SPAM compliance.

[CS-Jay]

It was a good read

[BareBacked]

better get white listed

[96ukssob]

As long as they opted in, make sure to have an unsubscribe link as well message in the footer why they are getting these emails and who you (not you, your business) is. Depending on your state, some require that you put a physical address, but that can just be a link in a privacy policy.

My law degree over covers up to this point, I got to wasted and never went back but I would have to guess stay away from "R" rated content, or anything that would not be "PG" compliant. You probably need to have a disclaimer about "adult content for fuckers that are 18 or older"

[Rochard]

If there it's a double opt in list, what's the problem? Click my siggy and we can send it for you if that's the case.

[CS-Jay]

I'll look ya up as I get closer.

[Barefootsies]

Originally Posted by bossku69

As long as they opted in, make sure to have an unsubscribe link as well message in the footer why they are getting these emails and who you (not you, your business) is. Depending on your state, some require that you put a physical address, but that can just be a link in a privacy policy.

My law degree over covers up to this point, I got to wasted and never went back but I would have to guess stay away from "R" rated content, or anything that would not be "PG" compliant. You probably need to have a disclaimer about "adult content for fuckers that are 18 or older"

It sounds like you need to brush up on your law degree if that is your interpretation.

Especially in regards to adult oriented content, which says nothing about Michigan and Utah when it comes to this subject, and verifying ages (best to eliminate them completely when possible regarding adult). Additionally, any email list has to be DOUBLE OPT-IN and confirmed to be compliant.

No offense.

[ZeroHero]

Originally Posted by CS-Jay

I'll look ya up as I get closer.

Work good on the promotions in the mailings and watch your back

Good luck

[ZeroHero]

Originally Posted by Barefootsies

You should start by reading the laws involving CAN-SPAM compliance.

if you already dont know you Jay the laws start read Good Post B.

[ajrocks]

CAN-SPAM compliance won't help you from getting all your sending domains blocked.

[KillerK]

there is no money in dating mailings

[Barefootsies]

Originally Posted by ajrocks

CAN-SPAM compliance won't help you from getting all your sending domains blocked.

That is why you purchase/develop WL'd IP's with the majors (AOL, Hotmail, Yahoo, etc.).

[CS-Jay]

Originally Posted by KillerK

there is no money in dating mailings

That's what I am beginning to learn.

[raymor]

CAN-SPAM is weak as hell. It does say you can't falsify your identity. Don't read it and start thinking what's in CAN-SPAM are the rules. You ISP, payment processor, etc. will shut you down way before CAN-SPAM. Not to mention karma.

We've had no problems with double opt-in, easily identifiable unsubscribe, and automated removal after several bounces. Yahoo is kind if a bitch. They want you to use DKIM or Domain Keys. Reverse DNS is required.

[Joe Obenberger]

Originally Posted by raymor

CAN-SPAM is weak as hell. It does say you can't falsify your identity. Don't read it and start thinking what's in CAN-SPAM are the rules. You ISP, payment processor, etc. will shut you down way before CAN-SPAM. Not to mention karma.

We've had no problems with double opt-in, easily identifiable unsubscribe, and automated removal after several bounces. Yahoo is kind if a bitch. They want you to use DKIM or Domain Keys. Reverse DNS is required.

Raymor, maybe we're looking at different versions of the CAN-SPAM Act? You should take a look at this page: http://www.xxxlaw.com/articles/can-spam.html The Act actually _starts out_ with prohibitions on misleading header information - including falsified originating email addresses. Section 5. (a) (1) (A). Here goes:



(a) REQUIREMENTS FOR TRANSMISSION OF MESSAGES.—
(1) PROHIBITION OF FALSE OR MISLEADING TRANSMISSION
INFORMATION.—It is unlawful for any person to initiate the
transmission, to a protected computer, of a commercial electronic
mail message, or a transactional or relationship message,
that contains, or is accompanied by, header information that
is materially false or materially misleading. For purposes of
this paragraph—
(A) header information that is technically accurate but
includes an originating electronic mail address, domain
name, or Internet Protocol address the access to which
for purposes of initiating the message was obtained by
means of false or fraudulent pretenses or representations
shall be considered materially misleading;
(B) a ‘‘from’’ line (the line identifying or purporting
to identify a person initiating the message) that accurately
identifies any person who initiated the message shall not
be considered materially false or materially misleading;
and
(C) header information shall be considered materially
misleading if it fails to identify accurately a protected
computer used to initiate the message because the person
initiating the message knowingly uses another protected
computer to relay or retransmit the message for purposes
of disguising its origin.

Now look, this statute hasn't worked, and I don't disagree with any of the posters here that the "real world" practical and pragmatic sanctions of the hosting companies put more of a dent in spam than the CAN-SPAM Act does. But, no, it does flatly outlaw deceptive/misleading/false email addresses.

At least one webmaster, Jeff Killbride is in prison for spam. It was a jury in Phoenix that put him there. http://www.xxxlaw.com/cases/killbride.html Fraud in transmitting spam is one of the things that put him behind bars.

[Barefootsies]

Originally Posted by raymor

CAN-SPAM is weak as hell.

It does say you can't falsify your identity.

Correct. It doesn't. However, you must use a company name or I.D. for all mail. If you use a drop box in the U.S. then you must show I.D. to get it (Federal Law). So in theory, the name on the box should be the one on your email. Or at least the company name. The company or DBA must be registered legally, which again, requires you show I.D. to get in the first place.

Can people get around all of this? Sure. But it sounds like anyone bringing up such points is simply trying to skirt the laws. That is when you start getting into trouble. If you are legal and compliant, you should be fairly transparent.

Originally Posted by raymor

Don't read it and start thinking what's in CAN-SPAM are the rules.

It's not "the rules" sport. It's the LAW. Big difference.

Originally Posted by raymor

You ISP, payment processor, etc. will shut you down way before CAN-SPAM.

If you're list is dirty, you generate a ton of complaints and can't show double opt-in, etc. that is correct. You will be. If you're list is clean, and legal, you can always go to an ESP and have them mail it out for you. They will have clean IP's and can handle it for you. But even there, the complaint threshold will be low. If your list is legal, compliant, and clean with full disclosure going in. You should have few issues on the whole.

Originally Posted by raymor

Not to mention karma.

"Karma" doesn't exist. Neither does Santa, the Easter Bunny, Boogie Man or the rest of the invisible spirits people make up to sleep at night or lead them through life.