Legal Question in Business Law in California
spam law
Dear Advisor:
I intend to email to a large group of businesses offering my services. Any kind of business can benefit from my services.
My plan is to email every potential business just once. There will be no duplicate email address on my list. So every business will get my email only once.
But, I will be emailing to a lot of businesses upwards in the thousands at once. Since my regular ISP will not allow me to mass mail, I decided to use a specialised ISP who don't put any limit when it comes to mass emailing.
I will put my name, address, email address and phone number as well as with the following note in the email.
NOTE: This is a one time email. You have NOT been added to any email list.
Due to the sheer volume of emails sent at once, will I be considered a spammer?
Thank you for your time.
Sincerely,
1 Answer from Attorneys
Re: spam law
By definition, if you are sending spam, then you are a spammer.
The more pertinent question is whether your plan is legal. Congress has chosen to make it legal to send spam, as long as it is done in a certain way. You have hit some, but not all, of the requirements for sending legal spam. Merely stating that it is a one-time mailing will not make it legal.
If you are interested in using bulk email to advertise, then you should contact an attorney qualified to provide legal advice in this area of the law. I can probably provide you with the advice you need in under one hour.
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