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CAN SPAM Act Violation?

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Confused Develo

Junior Member
What is the name of your state (only U.S. law)? California

I am creating a free phone app that will feature specific companies. In order to make the app usable, I will need these companies to fill out some information through my app/website. I have gathered hundreds of emails made available from the companies' websites and am planning on emailing them to explain my idea and ask if they would like to fill out some information to be featured on my app. These emailed companies will not have to pay for anything, and if the app gets traffic, they will get free advertisement. There will be nothing deceptive or misleading in my email to them. I am not directly advertising my app to these companies as I am only asking them to fill out some information so that my app can become usable (perhaps this is indirect advertising?).

In order to expedite the process, I am planning on using a mass emailing service to email these hundreds of emails at once. If they do not respond to the email, I will not contact them any further. I can also use a unsubscribe option. Would my action be in violation of the CAN SPAM act?

Based off my research of the Act, my main concerns arise from this email being classified as having "commercial content" and the fact that these companies did not explicitly give their emails to me. As I mentioned earlier, I do not consider my actions as advertisement to these companies; however, perhaps in the eyes of the law they are. In regards to my collection of the emails, I had found them on their companies' websites where they had stated that any questions, concerns, or comments about their establishment are welcome. I would assume that would give me permission to include them in my "mass email" however perhaps that is also not true in the eyes of the law.

If instead of using the mass emailing service I decided to email these companies one by one, would this change the situation at all?

Thank you for your help.
 


quincy

Senior Member
What is the name of your state (only U.S. law)? California

I am creating a free phone app that will feature specific companies. In order to make the app usable, I will need these companies to fill out some information through my app/website. I have gathered hundreds of emails made available from the companies' websites and am planning on emailing them to explain my idea and ask if they would like to fill out some information to be featured on my app. These emailed companies will not have to pay for anything, and if the app gets traffic, they will get free advertisement. There will be nothing deceptive or misleading in my email to them. I am not directly advertising my app to these companies as I am only asking them to fill out some information so that my app can become usable (perhaps this is indirect advertising?).

In order to expedite the process, I am planning on using a mass emailing service to email these hundreds of emails at once. If they do not respond to the email, I will not contact them any further. I can also use a unsubscribe option. Would my action be in violation of the CAN SPAM act?

Based off my research of the Act, my main concerns arise from this email being classified as having "commercial content" and the fact that these companies did not explicitly give their emails to me. As I mentioned earlier, I do not consider my actions as advertisement to these companies; however, perhaps in the eyes of the law they are. In regards to my collection of the emails, I had found them on their companies' websites where they had stated that any questions, concerns, or comments about their establishment are welcome. I would assume that would give me permission to include them in my "mass email" however perhaps that is also not true in the eyes of the law.

If instead of using the mass emailing service I decided to email these companies one by one, would this change the situation at all?

Thank you for your help.

Here is a link to the Federal Trade Commission's "CAN-SPAM Act: A Compliance Guide for Business:" http://www.ftc.gov/tips-advice/business-center/guidance/can-spam-act-compliance-guide-business

The guide should provide the information you need to comply with the Act.
 

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