Home | Logout | Login to my account | Create an account

m2news Help / Support - Am I breaking the law?

New Topic Post Reply Goto page:
Author Post
Quote This Post
Phil Gray Consulting Posted on 22 Dec 10, 10:54:48
A Member
Joined: 22 Dec 10
Posts: 10
Hi there. I wish to send a Christmas greeting and special offer to a contact list of just over 800 people I have made up from past contacts using M2news but as the contacts are all friends, former clients or associates, and havent actually subscribed to a news letter of my busines, my question is, am I breaking the law sending this out?

I was planning to end the greeting and message with the below.

"In the recent past you have been a friend, client or associate of Phil Gray, thus you are receiving this newsletter/greeting. From time to time we plan to send you updates and special offers from Phil Gray Consulting. If you prefer no further business related messages or to unsubscribe now, please click the ‘reply’ button and send this email back to me asking to unsubscribe now".

Another question, if I finish off my news letter with the above - am I giving readers sufficent oppertunity to unsubscribe, and would I then not be breaking the law?

Please help in this regard.

Phil Gray
Quote This Post
Roger Posted on 22 Dec 10, 11:47:18
A Moderator
Joined: 11 Dec 08
Posts: 377
Hi,
If you have dealt with them previously, then that is fine. However, each newsletter has an automatic unsubscribe link at the bottom, so there is no need for them to email you back requesting it. They can just clickim the link, and you can see in the system who has unsubscribed.
Quote This Post
Phil Gray Consulting Posted on 22 Dec 10, 12:20:10
A Member
Joined: 22 Dec 10
Posts: 10
Hi there Roger, so even though all these past contacts havent actually subscribed to a Phil Gray Consulting newsletter, I would not be breaking the law. I also want to ensure I would not be breaking the M2news terms as per the below...

"You agree not to use our products or services for any unlawful purpose (whether known or not) or in any manner which may infringe or violate any third parties rights. You further agree that you will not use our service to transmit or upload any harmful files or unsolicited e-mail addresses. You further agree that you will not use our service to transmit any unsolicited messages".

Please confirm.

Can you also indicate authority you have in providing this advice.
Quote This Post
Roger Posted on 22 Dec 10, 12:58:48
A Moderator
Joined: 11 Dec 08
Posts: 377
They are past contacts of yours. There is no law against sending a past contact an email. Spam or UBEs (Unsolicited Bulk Emails) are emails sent to a person that you have no connection with. That is illegal. You have or had a connection with the people, so it's fine.
I don't know what you mean about authority in providing the advice. I can tell you that we wont limit your account if you send emails to past opr present contacts of yours. The law side of it is available online to look up.
Quote This Post
Phil Gray Consulting Posted on 22 Dec 10, 13:25:17
A Member
Joined: 22 Dec 10
Posts: 10
Thanks for that, what web site do you recomend I look at to find out more about legal side of things relating to this issue.

By what authority - I mean are you a member of public or are you working for m2news?

Phil
Quote This Post
Roger Posted on 22 Dec 10, 17:25:01
A Moderator
Joined: 11 Dec 08
Posts: 377
Hi Phil,
I co-own Media Two, which owns the m2news system.

http://www.acma.gov.au/WEB/STANDARD/pc=PC_310572

QUOTE:
Inferred consent
Inferred consent can come about in two ways:

1.Through an existing business or other relationship, where there is a reasonable expectation of receiving those commercial electronic messages.

If an organisation has a strong business relationship with the holder of an electronic address – for example, the address holder is a member of a club, a subscriber to a service, or a client it deals with on an ongoing basis – consent to receiving messages from that organisation may be inferred.

If you are not confident that the existing business relationship is strong enough to infer consent, or are unsure that the recipient will want your messages, you will need to obtain express consent. You can do this by phoning the person and asking them for their consent.
2.Through conspicuous publication of a work-related electronic address.

Consent may also be inferred when someone conspicuously publishes their work-related electronic address (for example, on a website, brochure or magazine); and your business wants to send them a commercial electronic message that relates directly to that person's line of work. However, if a publication includes a statement that the person does not want to receive unsolicited commercial electronic messages at that address, you can not infer consent.
New Topic Post Reply Goto page:

Forum Jump