Alex
Newbie
Posts: 1
Registered: 26-11-2005
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![[*]](./images/corporate/default_icon.gif) posted on 26-11-2005 at 06:57 PM |
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Legalities Of Mass-Email / Cam-Spam
Hello people... First post here...
I was just thinking, in regards to cam-spam compliance, how can a company be sure that the data they procure is to be used for intended purposes. For
instance, if lets say I purchase some data (mainly of individuals in a higher income bracket) and then use this email for spam purposes such as adult
content. I can call my company anything that sounds legit ie. xyzads.com, and thus use the data I purchased for purposes which I essentially lied
about. How can a data company protect themselves from this type of work shadey client. And is there any way of the data company protecting themselves
in the case of any legal action that may fall upon themselves?
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admin
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| posted on 27-11-2005 at 02:30 AM |
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Good question.
Thats a very good question currently the way the laws are there is nothing really stopping an adult site from running their [Censored] to
standard coreg style opt in lists.
Alot of data comes from adult sites so i guess it really depends. The same could be said about spammers in general not just picking on adult because
there are opt in adult lists.
So about spammers getting a hold of opt in lists
yeah it happens sometimes but they are really risking problems if they dont follow the laws. Most spam originates from foreign countries now though
and spammers dont really have the finances nor the ambition to get an opt in list.
If they did have that ambition they would be doing opt in as opposed to spam because opt in is a better model.
Spammers are not very clever as a rule and they always take the cheap and easy way. Opt in is neither cheap nor easy.
As far as company A off loading data or records to company B goes... that is perfectly legit and has everything to do with the privacy policies at the
coreg sites.
FOR NOW..
There is a possibility that someone, somewhere will get a bill to pass where spam would be redefined as anything other than direct consent but it all
comes down to the privacy policy. If they agree to a privacy policy that says company A can share their information with company B then it is a legal
document and to date there is no precident indicating otherwise. For the government to go and start enforcing things like that could cause massive
problems for the direct marketing industry in general. It will happen eventually I think, just like the do not call registry, but it will take a
tremendous amount of litigation and public uproar to make it happen. This is years away not months.
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Serge
Junior Member
Posts: 3
Registered: 30-11-2005
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| posted on 30-11-2005 at 04:11 AM |
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The best way to protect yourself and your company is a solid contract which you should require all buyers to sign.
This way you are protected against any "shady" actions on behalf of your buyers.
As long as the wording in the contract states that you are not responsible in any way for the buyer's usage of the data, you should be fine. As
always, remember to get professional legal advice when composing contracts.
Hope this helps.
Serge
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