Truth About SPAM laws in the USA
Sales people (and Chat Boxes) almost always get it totally wrong about spam being illegal in the USA.
It is NOT illegal to send unsolicited EMAIL offers … but only a fool will try to fool the public with any fradulent or deceitful offers.
THE MAIN OBJECTIVE of the Can Spam Act is to prevent fradulent or deceitful offers. Too bad it does not apply to politicians … but that is another battlefield.
In fact … according to the Can Spam Act … SPAM is NOT illegal in the USA … but any type of email fraud IS illegal!
Any email communication that is shown to be deceitful, fradulent, or deceitful in any way … IS ILLEGAL!
However, only a fool would violate the rules and guidelines set forth in the Can Spam Act … because there can be some severe penalties for attempts to deceive and defraud the public.
The judicial system knows that there are some legitimate, helpful offers that the public would not otherwise discover without receiving email advertising from advertisers who find them.
It is NOT the business of government to restrict the free flow of information and opportunity between businesses and potential customers.
Here is a simple analogy. If a business sends an email offer to customers who can buy a goose that lays golden eggs … that is fine … but NOT if the goose lays rotten eggs when it arrives.
Here is a very nice link with simple explanations about spam and cold emails (by Derek Smith). I highly recommend that email senders review this article … because there are too many uneducated sales people who constantly get it wrong when asked about US Can-Spam policies.
It is totally wrong to tell a potential customer that ANY type of unsolicited email is illegal because such emails are illegal SPAM. It is ABSOLUTELY NOT TRUE that any type of unsolicited email is wrong.l
But … emails designed to trick or deceive a potential customer ARE ALWAYS WRONG and ALWAYS ILLEGAL SPAM.
And … no matter how truthful and sincere an email marketer is … the intended recipient may not like golden eggs, golden omelets, and may be allergic goose feathers.
Always tell the email recipient who you are, where you are, and how to unsubscribe from any of your future emails.
NOTE: REALLY IMPORTANT!!! Just because you have someone’s name on your single or double optin list … you still CANNOT send them deceitful, fradulent, or misleading emails. An optin does not grant permission to violate the CAN SPAM ACT intentions … and all the penalties are still applicable.
See also: LEGAL page on this website.