A bit of a debate happening over what is allowed if someone is not opt-in for a specific company. My understanding: Affirmative Consent is required for mailing, through single opt-in or double-in (which could be on site sign-up form, co-reg, allowing for promotional messages from 3rd party companies). Looking at Exact Target's CanSpam Guide -- http://email.exacttarget.com/uploadedFiles/Resources/Whitepapers/CAN-SPAM%20Compliance%20for%20Email%20Marketing.pdf , there is a statement on Page 7, Bullet Point 1 (and page 10 - #4) "If Unsolicited, An Email Must Provide a Clear Notice That It Is An Advertisement -- The law does not make a recommendation for the specific language to be used to fulfill this requirement, or how it is to be positioned in the email. Note: this does not make unsolicited commercial emails acceptable to ISPs; they can—and—do set higher “permission-based†standards for email marketers." Then on Page 14, 3rd paragraph, this Exact Target guide says: "Mailing to email addresses gathered without subscriber knowledge or approval violates the Act. Such activities will generate more SPAM complaints that damage the sender’s reputation with ISPs and jeopardizes future deliverability success." This could go along with everything I know about CanSpam and affirmative consent requirements. So, the million dollar question - can you send email to a person, maybe from a purchased list, without labeling as advertisement? What about someone who has no opted in? Please weigh in and if you have evidence (specific location in CanSpam 2003 Act) that supports or rejects the latter theory, please provide. Thanks!!
No you can't send an advertisement to a person from a purchased list or otherwise without labeling it as an advertisement. Here is the link. http://www.business.ftc.gov/documents/bus61-can-spam-act-compliance-guide-business Look at item 3.
