When Is An Email “Personal”?
I got a (spam) email from an IT company touting for business this morning, and their justification for sending it was totally amusing - and very misguided! Just WHO is advising these people of their legal situation?
Here’s what they said at the bottom of their email:
We do not “Spam” people, and you are not on an electronic database, I have personally sent this email to you from your web contact, if you aren’t interested we understand, just reply with “remove” in the subject box and I will cross you off my manual list.
Sorry. Despite what you think, you ARE spam people! What you have done IS in breach of most existing Spam Legislation around the world!
If you keep doing this type of mailing, you better have some deep pockets, because IT people (your target market) are usually the first to label someone a spammer and complain to the authorities, even IF they are legitimate 
Sure - while you “think” might be able to send ONE email “personally” using my web contact, that’s a very gray area! But because you don’t have any sort of pre-existing business arrangement with me, you probably should not have sent me the email at all!
And you certainly can’t send send any more! Whether I “remove” myself from your manual list or otherwise!
UPDATE: I have been “corrected” after my email to the company in question - told you it was a gray area! The Aussie Spam Act says that my consent to receive unsolicited email may be inferred:
“when an addressee has conspicuously published their electronic address. In such a case the Spam Act permits commercial electronic messages to be sent to the addressee, if the message relates to the addressee’s published employment function or role. If a plumber advertises their email address, it is okay to send them offers of work or of plumbing supplies, but not to send an offer unrelated to their work, such as cheap pharmaceuticals. If the published address is accompanied by a statement saying that it should not be used for such messages, such as the words “no spam”, then it cannot be used to infer consent to a message being sent;”So because I publish my email address on my web site (as a service to my customers) UNLESS I put the words “no spam” next to it, anyone can send me unsolicited email as long as it is “related” to my work.
WHAT A JOKE! And I thought the Aussie Spam Act was one of the toughest in the world!
Still, I can’t understand how they think a telecommunications newsletter is THAT relevant to what I do, especially in light of THIS information on “inferring consent through conspicuous publication” from the Australian Communications and Media Authority.
But how “personal” is it when you said “Dear IT Professional” and didn’t even use my name?
And for that matter, you didn’t even use YOUR name at the end? That’s not too personal either
“Personal” means you know me (like… er, personally) and have sent an email meant for ME only. Any broadcast email sent to your list cannot possibly be regarded as “personal”.
And your “remove” request is really pointless because I didn’t request it in the first place… Such requests should only apply to those who have actually asked for your information and don’t want it any more.
Despite that - please REMOVE my email from your list - I don’t want any more from you. Your information is of no interest to me at all.
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