Legal Question in Technology Law in New York

Spam or Useful Information

Recently I received an e-mail from a person who is in the same organization as I am. She sent this e-mail to many other people in the same group, listing their email addresses in the header. I have a business and am selling a product that primarily benefits members of this group. Is it legal for me to send e-mails to these addresses to let them know how our product will benefit them? How can I go about doing this without it being considered spam and possibly get their permission to send them other useful information in the future?


Asked on 2/25/04, 9:22 am

2 Answers from Attorneys

John Friedman Law Office of John K. Friedman

Re: Spam or Useful Information

It is likely that you can use them. The recent CAN-SPAM legislation does not outlaw spam. Rather, it requires it to be labeled in a particular manner, esp. if it contains adult material. You should have an attorney review your strategy and content of your e-mail in light of this legislation.

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Answered on 2/25/04, 9:28 am
Michael Hermann Law Office of Michael Hermann

Re: Spam or Useful Information

It may be legal, but not everyone will appreciate getting the spam/information. I suggest you use an approach which is discreet and requests their permission first before giving a dump of information, or *link* to click on to get the information from your web site or from a source you control. There are a number of ways to do this. You should also clearly state that this is a commercial message, and give the recipients an opt-out to remove them from subsequent mail.

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Answered on 2/25/04, 7:34 pm


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