Definition of spam?

[maxseo]

I understand that Spam is treated and defined differently in every country, but is every bulk email you send a spam?

Example:

I have automotive website. I have researched on the net (lets say in yellow pages) few hundred emails to car dealerships and instead of outlook express and sending email one by one, I used pxp script to send emails at once. The email message had notification about how to opt out and was considered to be of the same relevance as the automotive industry...

Would you call it a spam in UK? I have talked to some people in Australia and if 2 conditions (relevant to recipient's needs, way to opt out is provided) are met, then it is not a spam here.

..

 

[inactive_jumpenjuhosaphat]

I think that when you send out any message in bulk, it's important not to use the CC field, but instead to send each message out individually. I'm not certain how spam filters work, but one thing that I have noticed is that the messages that make extensive use of CC tend to get put in my spam folder.

 

[temi]

I think there is a very thin line between spam and marketing email. I am not 100% sure the law in UK but my understanding is that any unsolicited email is a spam, so the example you gave about will be considered a spam
However, if you have an automobile website and people subscribed to you list voluntarily, and you have warned them that you will send email to them now and a gain, then that is not spam.

 

[maxseo]

Well, I think you are right, I am offering freebies so till now every one that replied back to me was "very nice". I think in the future I will use my phone to contact the buggers.

..

 

[temi]

was the freebie offered at your site or in print (newspaper/magazine)

 

[maxseo]

The freebie was offered on my site? why, you think it makes the diffrence ...

..

 

[temi]

yes it matters, if you add some txt that goes something like: by downloading this freebie, you acknowledge that we reserve the right to use your email for marketing purposes blah blah then its not spam any more becaue you have obtained their consent to contact them.

 

[Robster]

I think in your example if the email went something like:

I found your email address on yell.com/someother.com under car dealers and i thought you might be interested in the following service....blah blah...if you are interested contact us otherwise sorry for bothering you, you will not receive any further email from us.

obviously not those exact words, but you get the drift. I find these kind of emails that come across as polite, honest, and helpful generally get a good response, and even if they are not interested they aren't regarded as spam by the recipient.

 

[maxseo]

I think in your example if the email went something like:

I found your email address on yell.com/someother.com under car dealers and i thought you might be interested in the following service....blah blah...if you are interested contact us otherwise sorry for bothering you, you will not receive any further email from us.

obviously not those exact words, but you get the drift. I find these kind of emails that come across as polite, honest, and helpful generally get a good response, and even if they are not interested they aren't regarded as spam by the recipient.

My sounded polite but not as polite as yours, I wish I got this advice before I sent the email messages. In any case I will not send those type of emails any more , unless I have email addresses in some sort of OPT IN list

 

[temi]

I think Rob is right about a polite and relevant spam being tolerable especially if you receive it just once. The type of spam that drives me mad are the one that advertises things I have not interest in and the spam is send to me again and again and again.

 

[OldWelshGuy]

The legal definition of spam is 'unsilicited' so unless they askjed for it you shouldn't send it. That said we do not have anti spam laws for businesses! ONLY private individuals. So technically you can spam away to your hearts content. We DO have strict laws on business disclosure though.

You MUSt include the legal name of the company a registration number VAT number and address together with a method of opting out. These new laws came into force Dec31st 2006. (no one bothers with them.)

Wone thing though, I know Rob suggested mentioning Yell, but whatever you do DO NOT. It is against the conditions of Yell to use their data for marketing and they WILL sue you if you give them concrete proof. Technicaly it is illegal to sit down with yellow pages and use it to call people for marketing. (what a joke)

Just say, we found your contact details on your website, (or 'on the internet) don't say where as you are producing a legal instrument that can be used against you in court.

Personally I do it all the time it is how I build my local and niche directories.

 

[temi]

I like it when things are defined as illegal. A better definition should be "illegal for poor people" because I get loads of junk email and letters from rich companies some actually bought my details from the local government and I have received several junk via my Yell, my ebay profile etc etc but when I complain I did not see any things done to the culprit.
There is one particular company that seem to mine whois database, the call themselves the domain registry of America or some other crazy name, I expected that they should be out of business by now for mining data from whois (which you legally have to give you details to) but I still receive bogus domain name renewal notice from them recently, they have been doing this for at least 5 years now.
Don't understand

 

[temi]

The legal definition of spam is 'unsilicited' so unless they askjed for it you shouldn't send it. That said we do not have anti spam laws for businesses! ONLY private individuals. So technically you can spam away to your hearts content. We DO have strict laws on business disclosure though.
You MUSt include the legal name of the company a registration number VAT number and address together with a method of opting out. These new laws came into force Dec31st 2006. (no one bothers with them.)

Is this a UK law or EU law OWG ?