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Gryphyn Media Support: Articles and Tutorials
True or False: You are a Spammer
By Tracy Brant (March 2004)

WARNING: This important article may
help keep you out of trouble.

More reading:

Spam Filters Grab Good With Bad

New Can of Spam

How the CAN-SPAM Act affects permission emailers

Spam Law Generates Confusion

10 Point CAN-SPAM Checklist

100 Spam Messages Trigger First CAN-SPAM Lawsuit

Of course not. You are not spamming. Or are you?

The fact of the matter is that you may not think you’re a spammer, but I might have to treat you like one unless you follow some rules. Two respected Gryphyn Media clients recently found themselves in serious hot water over this. We were able to solve their particular problems, but not every spam story will have a happy ending.

Spam is generally defined as "bulk unsolicited commercial email" or UCE.

TRUE OR FALSE?
"Real spammers send out millions of emails. I am sending only 250. It will not be considered spam."

False. There is no minimum number of recipients for you to be considered a "bulk" mailer. Obviously, large mailings get examined more closely. But if you send out 50 e-mails, and we receive spam complaints, your e-mail will be investigated as spam.

The first CAN-SPAM lawsuit has been filed in California. It was triggered by only 100 emails for a reputable website, sent by their marketing firm. The penalty could be $10,000.

Be careful if you do need to send a large mailing. A big blast of email can slow down a shared server for everyone. If you have a list containing more than 250 addresses, be a good neighbor and use an email list management program that spreads out the mailing across smaller batches. Talk to me when you plan a big mailing. Another tip: Don't use Outlook for big mailings; it's the wrong tool and will annoy your Internet access provider.

TRUE OR FALSE?
"I have carefully assembled a list of people in my industry who would want to know what I am telling them. It is news, not spam."

False. The key word here is "solicited." They did not ask for the mail. You do not have their permission to decide what they need to know and write to them about it. If you blast out an email announcement, you are spamming. You need find new ways to *ask* them to join your newsletter list...if they don't find your offer attractive, never email them. Type "build an opt-in list" into Google... tutorials galore.


TRUE OR FALSE?
"I am not a marketing business. I am sending out email to my own contacts. No one will come after me for that."

False. The recent federal CAN-SPAM Act went into effect January 1st. ISPs and hosts are on alert. The law is confusing and inexact. It can be argued that any email from a business domain is commercial. The big ISPs like AOL, Yahoo and Hotmail only check how big your mailing is, whether your recipients "whitelisted" you, and how many reported you as a spammer, fairly or not. A whitelist is an email recipient's list of people who are specifically permitted to send them email. Exercise caution when you have a new domain name; you are not in any whitelist or address book.

If I get spam alerts, or complaints from the big ISPs, they will threaten to block email to major ISP from all of our servers unless I take action. I will have no choice but to permanently suspend your hosting account.

I must act to protect everyone on the server. You must
become literate about email and spam issues. Or you may be considered part of the problem that plagues us all.



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