List Mail User wrote: <chopped out previous information about hairdresser>
I would say that technically, it IS spam. UCE is simply a 'polite' way of saying 'spam'.JohnS,
As many of the regulars on this list can tell you, I *hate* spam as much as nearly anyone here; But... Mike is absolutely correct, what they have done is "slimely", but is not for most purposes "spam" (IANAL). It is UCE (unsolicited commercial email), and it meets some peoples' way of defining spam, but to the best of my knowledge was entirely legal (you did have a business relationship with them). Now, if a year were to pass and it happened again - it would be "spam". Also, not having an "opt-out" is, as best I understand, a legal no-no.
Almost every bit of spam I get is advertising a product - thus, it is a commercial email, and I certainly haven't solicited it. I.E. "Unsolicited Commercial Email"
Process - I sign up for an account at a company. Said company has no information anywhere stating "By signing up, you're acknowledging that we can send you information on bestial erectile dysfunction".
Said company then starts sending me email on bestial erectile dysfunction.
At this point, the company is spamming me.
To NOT be "spam" and be *cough* condoned UCE, it must
1) Tell you that you're going to get it when you sign up; or
1a) Send you a notification that you are now being signed up for it. (Southwestern Bell doesn't seem to do this either, btw. They created a new list and signed me up for it. Yahoo has also done this before. I had to figure out that they had created new lists, then unsubscribe, before they could start)
2) Give you the option to opt-out, either when you sign up, or in the initial email.
3) Give physical contact information about the company
and
4) Have a publicly, and easily, available set of privacy statements.
This company did not follow 1), 1a), or 4). Thus, it's spam. (2 is debatable. If they don't check it, it's not really a way to get out, is it?). 3) is unknown - he hasn't said.
BW
