Emails to Businesses from Unsolicited Source

[v8ramair]

What is the name of your state (only U.S. law)?
California

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I purchased a database that has a list of business names and their emails. I have a website that connects Users directly to Businesses - basically, requests for services are driven by the user. However, in order to fully communicate securely and with all intended features, the business needs to register with my website (which is free).

If I follow all the rules of the FTC for business email communication (e.g. allow them to unsubscribe so they will never see an email from us again, include a P.O. box, our exact intentions, etc) is it legal to send the emails considering I've never done business with them?

Thanks in advance.

 

[quincy]

What is the name of your state (only U.S. law)?
California

------

I purchased a database that has a list of business names and their emails. I have a website that connects Users directly to Businesses - basically, requests for services are driven by the user. However, in order to fully communicate securely and with all intended features, the business needs to register with my website (which is free).

If I follow all the rules of the FTC for business email communication (e.g. allow them to unsubscribe so they will never see an email from us again, include a P.O. box, our exact intentions, etc) is it legal to send the emails considering I've never done business with them?

Thanks in advance.

Do you mean the email communications would be opt-out rather than opt-in?

 

[v8ramair]

Do you mean the email communications would be opt-out rather than opt-in?

Thanks for the reply. The email communication could be either/or, depending on what's legal and preferable for business owners.

Meaning, for every user that wants to request business from the business owners, we could send an email for every customer that initiates a request (the email would then describe this and contain a registration link). Until they unsubscribe, they would continue to get an email for every customer that initiates a request to do business with them.

OR

We could email them once - the very first time any user requests to do business with them, we send an email describing this, and a request to register. If they don't register, then we never send them an email again.


Which of the approaches are legal, if any?

 

[quincy]

Thanks for the reply. The email communication could be either/or, depending on what's legal and preferable for business owners.

Meaning, for every user that wants to request business from the business owners, we could send an email for every customer that initiates a request (the email would then describe this and contain a registration link). Until they unsubscribe, they would continue to get an email for every customer that initiates a request to do business with them.

OR

We could email them once - the very first time any user requests to do business with them, we send an email describing this, and a request to register. If they don't register, then we never send them an email again.


Which of the approaches are legal, if any?

I'm sorry for not responding sooner, v8ramair. I didn't notice your return.

So, you will have customers voluntarily coming directly to you and requesting a business service and then your business will connect the customers to the businesses through emailed messages?

There are a few things that can trip you up when sending unsolicited emails to businesses, the major one being the CAN-SPAM Act (visit http://www.ftc.gov/spam).

First, you can always send emails to as many businesses as you want IF the businesses request the emailed messages and they have the ability to "opt out" of receipt of the messages at any time. You can also send an email to a business requesting service from the business (if they do business by email already). But you should almost always avoid sending unsolicited commercial emails or bulk email to businesses. To do so puts you at risk of problems with your ISP (possible termination of service) and with the FTC (possible fines).

You said you purchased a database of names and emails and plan to use this list as a starting point for your own business. This can also be risky. For example, let's say you purchase a database of L.L. Bean customers and their emails. To target these customers with your commercial messages can add to the risks you already face in sending unsolicited emails. You now have caused potential injury to L.L. Bean and, as a result, L.L. Bean will line up behind your ISP and the FTC to make you pay for the harm you might have caused their customers.

In addition, there are also state laws that address the sending of unsolicited commercial messages.

Being an email "middleman" between customer and business could cause you some problems, the logistics of which you will need to work out prior to implementing your proposed business plan. A business attorney in your area can help guide you around the areas most likely to cause you legal grief.

 

[FlyingRon]

Further, many service companies (like Constant Contact) have STRICTER rules than the federal law. They don't want their servers wholesale blocked so they are very aggressive at shutting down OPT-OUT idiots like you.

When I get mails like that, I aggressively file complaints to the ISPs involved. Further, I NEVER do business with spammers. You're blacklisted forever. If you insist on demonstrating your lack of respect for the customer with obnoxious behavior, why should I expect you to conduct any further business dealings any better?

 

[v8ramair]

3 posts and it's still not showing up...hope I don't triple post...

Quincy, thanks so much for the info. I had a nice long reply but somehow it didn't post and it's all gone. What you said makes absolute sense. My #1 and #2 goals are to:
1) Make sure it's legal
2) Make sure not to contribute to the SPAM mess and be a crappy business that does nothing but spam companies.

It sounds like this model is not the way to go so I may have to simply have a way to do "walk ups" as cold calls are probably against the "do not call" list rules. It's just difficult to advertise and request for businesses to be on board without any customers - and likewise, hard to get customers without any businesses on board.

Ron - appreciate your "kind" words. That's exactly why I wanted to talk things through and the last thing I'd want is to contribute to disaster of SPAM. Although apparently idiots like me first try to talk things through to get an idea of the repercussions of plans before any action is taken

 

[quincy]

3 posts and it's still not showing up...hope I don't triple post...

Quincy, thanks so much for the info. I had a nice long reply but somehow it didn't post and it's all gone. What you said makes absolute sense. My #1 and #2 goals are to:
1) Make sure it's legal
2) Make sure not to contribute to the SPAM mess and be a crappy business that does nothing but spam companies.

It sounds like this model is not the way to go so I may have to simply have a way to do "walk ups" as cold calls are probably against the "do not call" list rules. It's just difficult to advertise and request for businesses to be on board without any customers - and likewise, hard to get customers without any businesses on board.

Ron - appreciate your "kind" words. That's exactly why I wanted to talk things through and the last thing I'd want is to contribute to disaster of SPAM. Although apparently idiots like me first try to talk things through to get an idea of the repercussions of plans before any action is taken

I think you are smart to question legalities of operation before implementing plans, v8ramair. Many people don't.

It is hard growing any new business but there are ways to do it that will not violate any laws or alienate the clients and customers you are hoping to attract.

I suggest you invest in a LOT of business cards and distribute them freely. Talk about your business with everyone you meet. Advertise in trade journals and local newspapers and list your business in as many directories (online and off) that you can. Send out press releases announcing and describing your new business. Send out postcards. Distribute flyers (but make sure you are aware of any local ordinances that might limit postings). Show in all of your publications how your business will benefit both client and customer. And networking in your community is important (joining community organizations or volunteering is a good way to make business connections).

You have probably thought of all of these already.

Good luck.

 

[quincy]

Bumping spam thread/reported thread/deleted thread off of the main board - I will delete this post later

 

[Zigner]

Bumping spam thread/reported thread/deleted thread off of the main board - I will delete this post later

The irony...
Spam on a thread started by a future spammer.

 

[quincy]

The irony...
Spam on a thread started by a future spammer.

In fairness to v8ramair, he was only considering being a future spammer. I think FlyingRon and I discouraged him enough so that he is now looking for a different, legal and, with luck, a less annoying way to conduct his business.

 

[v8ramair]

Quincy, thanks again for your help through this.

To all the others: I'm going to get reported and this will be deleted due to being inappropriate, and they can attack me all they want. But you sirs (NOT Quincy) are complete idiots. Generally, if there's vagueness in information (which was purposely done), I tend to find out more to see the whole picture instead of labeling it. You are morons who probably don't know how to analyze an actual situation. Let's just be angry and say all kinds of stuff you feel is fine as a generality.

The business plan is, rather than users call service businesses in the yellow pages without knowing the root cause of an actual problem, we connect the data source of an issue along with all the proper device data, to a service business. So basically, if a user wants to do business with a service shop, I was trying to figure out if they could click a button to email them through us, or through us creating a template where they actually send the email directly to the business/ But I guess anything is spam according to you guys, even from a user seeking business. Now...on to deletion...

 

[quincy]

Quincy, thanks again for your help through this.

To all the others: I'm going to get reported and this will be deleted due to being inappropriate, and they can attack me all they want. But you sirs (NOT Quincy) are complete idiots. Generally, if there's vagueness in information (which was purposely done), I tend to find out more to see the whole picture instead of labeling it. You are morons who probably don't know how to analyze an actual situation. Let's just be angry and say all kinds of stuff you feel is fine as a generality.

The business plan is, rather than users call service businesses in the yellow pages without knowing the root cause of an actual problem, we connect the data source of an issue along with all the proper device data, to a service business. So basically, if a user wants to do business with a service shop, I was trying to figure out if they could click a button to email them through us, or through us creating a template where they actually send the email directly to the business/ But I guess anything is spam according to you guys, even from a user seeking business. Now...on to deletion...

You're welcome, v8ramair.

Your business plan appears to be a good one, once you have figured out the logistics. Connecting customers to businesses should not be a problem once you have established a relationship with the businesses and promoted your business well enough to attract customers to it. Establishing these relationships stands to be your most difficult task, as it will be with any new business. And, as has been pointed out, trying to establish these relationships through unsolicited emails is something best avoided.

As for your post being deleted: You can delete it or edit it yourself if you want to. What the moderators want reported, and what will always be deleted, are commercial messages, defamatory postings, vulgar postings, abusive postings, and spam. As you may have figured out already, we don't care too much for spam or spammers.

While labeling forum members idiots or morons is not at all nice, we have ALL been called idiots or morons at various times for various reasons and, quite frankly, those are some of the nicer terms that have been used.

The problem with labels of any kind, however, is that they rarely fit. They definitely do not fit here.

When a poster comes to this site looking for legal advice and information, it generally does not benefit the poster to insult any of the forum members - even if what the forum member says is not what they expected to hear or wanted to hear. It is the forum members, afterall, who have carved time out of their day to assist the poster by sharing their considerable and often valuable knowledge for free.

I strongly suggest posters take what they find useful, leave behind what they don't, ignore what should be ignored and politely thank everyone for the time spent on addressing whatever concerns the poster had. And then I recommend posters consult with an attorney in their area for legal issues that forum posts cannot adequately address.

Good luck with your business, v8ramair.