Question About Privacy At R2R

[BeanAnimal]

AFAIK there is the 10DLC laws which were pushed to prevent PHONE marketing solicitation. A company can not call or text you with marketing offers unless you opt in. Huge fines if they do.

I do not think anything applies to email or spam email wouldn’t be as much of a problem as it has for the last decade or more

TCPA is federal (what you are referring to with PHONE) - this has absolutely nothing to do with email. There are strict rules there, but also some leeway, again nuanced.

Email is VERY jurisdictional. While the CAN-SPAM act is federal, it does not prohibit marketing emails like this. You most certainly can be email marketing without asking for it or signing up, but rules regarding opt-out (among others) must be followed.

GDPR (EU) - California, Canada, etc. all have jurisdictional rules that may or may not allow unsolicited marketing in various circumstances and exceed parts of CAN-SPAM and other similar laws and rules.

None of it is worth hashing out here, it will solve nothing... and to that end, I deal with this stuff daily and have no desire to delve into it in my leisure time ;)

 

[VintageReefer]

TCPA is federal (what you are referring to with PHONE) - this has absolutely nothing to do with email. There are strict rules there, but also some leeway, again nuanced.

Email is VERY jurisdictional. While the CAN-SPAM act is federal, it does not prohibit marketing emails like this. You most certainly can be email marketing without asking for it or signing up, but rules regarding opt-out (among others) must be followed.

GDPR (EU) - California, Canada, etc. all have jurisdictional rules that may or may not allow unsolicited marketing in various circumstances and exceed parts of CAN-SPAM and other similar laws and rules.

None of it is worth hashing out here, it will solve nothing... and to that end, I deal with this stuff daily and have no desire to delve into it in my leisure time ;)

I agree with you and was pointing out there are phone laws for this, but the email marketing is allowed

 

[Stang67]

You used his computer to access the web and that comes with cookies, tracking, information gathering, and now your eyes are opened to the latest marketing technique. They aren’t the only ones and that doesn’t make it ok, but its the world we live in, and digitally it’s constantly changing and advancing

Nope I used my laptop. I used his wifi network.

 

[ingchr1]

...None of it is worth hashing out here, it will solve nothing... and to that end, I deal with this stuff daily and have no desire to delve into it in my leisure time ;)

Just a quick question, does the email that they send have to include thier valid physical postal address?

If so, it doesn't.

 

[Mschmidt]

perhapse I am then misreading this:

§7703. Prohibition against predatory and abusive commercial e-mail​

(a) Omitted​

(b) United States Sentencing Commission​

(1) Directive​

Pursuant to its authority under section 994(p) of title 28 and in accordance with this section, the United States Sentencing Commission shall review and, as appropriate, amend the sentencing guidelines and policy statements to provide appropriate penalties for violations of section 1037 of title 18, as added by this section, and other offenses that may be facilitated by the sending of large quantities of unsolicited electronic mail.

(2) Requirements​

In carrying out this subsection, the Sentencing Commission shall consider providing sentencing enhancements for—

(A) those convicted under section 1037 of title 18 who—

(i) obtained electronic mail addresses through improper means, including—

(I) harvesting electronic mail addresses of the users of a website, proprietary service, or other online public forum operated by another person, without the authorization of such person; and

(II) randomly generating electronic mail addresses by computer; or...

because it seems to me to say that gaining emails without the knowledge of the owner of said email is illegal.

 

[Fish Fan]

because it seems to me to say that gaining emails without the knowledge of the owner of said email is illegal.

That has always been my understanding.

Just because we all get spam emails (and calls) we don't want, doesn't mean that they are doing so legally.

 

[BeanAnimal]

Just a quick question, does the email that they send have to include thier valid physical postal address?

If so, it doesn't.

Typically - yes CAN-SPAM compliance means a physical opt-out address that you can send snail mail to. Be it a street address, or PO Box or forwarding box.

 

[Fish Fan]

Typically - yes CAN-SPAM compliance means a physical opt-out address that you can send snail mail to. Be it a street address, or PO Box or forwarding box.

Yes, and the emails I got from SBB did not include a physical address of any kind.

 

[BeanAnimal]

That has always been my understanding.

Just because we all get spam emails (and calls) we don't want, doesn't mean that they are doing so legally.

This is jurisdictional, but in most cases it is NOT illegal to send you marketing email that you did not sign up for. You must be able to opt-out and it must be honored.

Legitimate marketing emailers will honor the system and opt you out. There are some legit marketers that mean well but are not compliant (no physical unsub, or opt out link in every mail, etc.). There are plenty of true spammers that send legit offers, but break the law in purpose. There are plenty of scammers who send fraudulent marketing. It is broad subject.

 

[VintageReefer]

perhapse I am then misreading this:

§7703. Prohibition against predatory and abusive commercial e-mail​

(a) Omitted​

(b) United States Sentencing Commission​

(1) Directive​

Pursuant to its authority under section 994(p) of title 28 and in accordance with this section, the United States Sentencing Commission shall review and, as appropriate, amend the sentencing guidelines and policy statements to provide appropriate penalties for violations of section 1037 of title 18, as added by this section, and other offenses that may be facilitated by the sending of large quantities of unsolicited electronic mail.

(2) Requirements​

In carrying out this subsection, the Sentencing Commission shall consider providing sentencing enhancements for—

(A) those convicted under section 1037 of title 18 who—

(i) obtained electronic mail addresses through improper means, including—

(I) harvesting electronic mail addresses of the users of a website, proprietary service, or other online public forum operated by another person, without the authorization of such person; and

(II) randomly generating electronic mail addresses by computer; or...

because it seems to me to say that gaining emails without the knowledge of the owner of said email is illegal.

The key term here is “large quantities”

 

[RedReefer]

This is jurisdictional, but in most cases it is NOT illegal to send you marketing email that you did not sign up for. You must be able to opt-out and it must be honored.

Legitimate marketing emailers will honor the system and opt you out. There are some legit marketers that mean well but are not compliant (no physical unsub, or opt out link in every mail, etc.). There are plenty of true spammers that send legit offers, but break the law in purpose. There are plenty of scammers who send fraudulent marketing. It is broad subject.

Sounds like your getting into leisure time...

 

[BeanAnimal]

Yes, and the emails I got from SBB did not include a physical address of any kind.

Likely because they don't know the rules. There is a difference in that and a mailer doing it to break the law on purpose (omission is bad, but allows plausible deniability, whereas putting a fake physical in is clearly fraudulent).

Unsolicited emails are a bother, but folks like SBB are not the real issue, It is the actual scammers and law breaking spammers that are the overwhelming problem.

 

[BeanAnimal]

Sounds like your getting into leisure time...

Yep

 

[Fish Fan]

Likely because they don't know the rules. There is a difference in that and a mailer doing it to break the law on purpose (omission is bad, but allows plausible deniability, whereas putting a fake physical in is clearly fraudulent).

Unsolicited emails are a bother, but folks like SBB are not the real issue, It is the actual scammers and law breaking spammers that are the overwhelming problem.

No knowing the rules is not a great defense :winking-face:

 

[FUNGI]

Just a quick question, does the email that they send have to include thier valid physical postal address?

If so, it doesn't.

It doesn't....however, it HAS to have opt-out.

 

[BeanAnimal]

No knowing the rules is not a great defense :winking-face:

Not a defense, just the reality of the situation. Kind of like pointing out the guy who turned his signal on 100 feet from the intersection instead of 200... they broke the law and may deserve the ticket, but it was not on purpose.... at the same time other cars are flying by at 100 mph with no license plates and radar jammers.

 

[FUNGI]

...12 page thread....over a free gift card....would hate to see this if it had been a paid card ...LOL

No offense meant OP.....

 

[Fish Fan]

Not a defense, just the reality of the situation. Kind of like pointing out the guy who turned his signal on 100 feet from the intersection instead of 200... they broke the law and may deserve the ticket, but it was not on purpose.... at the same time other cars are flying by at 100 mph with no license plates and radar jammers.

But in your scenario that driver DID break the law, and SHOULD get a ticket. I'm not a lawyer, but "I didn't know it was illegal" is not a defense. Just because someone doesn't want to break the law, doesn't mean they are not.

It doesn't....however, it HAS to have opt-out.

Marketing emails do need to have a physical address, even if it's a PO box.

...12 page thread....over a free gift card....would hate to see this if it had been a paid card ...LOL

No offense meant OP.....

No offense taken. But this thread had NOTHING to do with the gift card at all. And not for nothing, but you're still here, 12 pages later :)

 

[BeanAnimal]

It doesn't....however, it HAS to have opt-out.

No - this particular example the email (per CAN-SPAM) would be required to:

- have a physical address
- not be misleading or deceptive
- have a clear means to unsubscribe or opt-out.

If the recipient is in Canada, California, or EU, then the rules differ (stricter).

 

[ingchr1]

It doesn't....however, it HAS to have opt-out.

It does, main requirement 4.
https://www.ftc.gov/business-guidance/resources/can-spam-act-compliance-guide-business