Legal Question in Technology Law in Texas

bulk e-mail disclaimers

i have a web site and was busted by my web server for spamming - i recieved an e-mail with a disclaimer and wondered if it was legitimate - if i use this disclaimer on my mail is it legal then to send it?? here it is

This mail is never sent unsolicited. You are on our mailing list because either you or somebody for you has subscribed at one of our associate web sites or subscribed for an opt-in email list or sent us email or we have a previous online relationship. My apologies if you feel that you have received this message in error. This message is sent in compliance of the new email bill section 301. under Bill S.1618 Title III passed by the 105th U.S. Congress this message cannot be considered spam as long as we include the way to be removed. Per Section 301

Paragraph (a)(2)(C) of S. 1618

further transmissions to you by the sender of this email may be stopped at no cost to you by replying with a REMOVE message and your request to be removed will be processed within 30 days.


Asked on 1/17/00, 4:25 pm

1 Answer from Attorneys
Timothy J. Walton Internet Attorney

Re: bulk e-mail disclaimers

Using this disclaimer will not make spam legal. First of all, it says that the recipient opted in to the email list. If that statement is not true, then you could be inviolation of all sorts of truth-in-advertising laws.

Second, there is no federal law on spam. Even if Congress had passed a bill (as alleged erroneously in the "disclaimer"), it would still not go into law until the president either signs or vetoes it. At the moment, a few states have spam laws and those do not allow you to escape liability just by adding a short message at the end of your email.

For more information about the legality of spam, see http://www.suespammers.org

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Answered on 1/21/00, 6:24 pm


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