Is Recommending a Website Considered Spam?

[Worried1990]

One of my clients recently asked me to help her with marketing for her startup business. I’ve been asked to post comments across many different forums and articles. In these comments, I legitimately participate in the discussion, but I drop a quick endorsement of the business that I’m working for. The posts are always relevant to the topic at hand. I’m getting paid pretty well for it, but I recently got banned from several sites for spamming, and I’m now about to have a mental breakdown out of worry that I’m participating in something illegal.

My question is threefold. Does this legally constitute spam? If so, will I get in trouble for it? Lastly, if the answers are yes, what do I do? How do I approach the issue with my client?

Thanks so much!

What is the name of your state (only U.S. law)? North Carolina

 

[Zigner]

One of my clients recently asked me to help her with marketing for her startup business. I’ve been asked to post comments across many different forums and articles. In these comments, I legitimately participate in the discussion, but I drop a quick endorsement of the business that I’m working for. The posts are always relevant to the topic at hand. I’m getting paid pretty well for it, but I recently got banned from several sites for spamming, and I’m now about to have a mental breakdown out of worry that I’m participating in something illegal.

My question is threefold. Does this legally constitute spam? If so, will I get in trouble for it? Lastly, if the answers are yes, what do I do? How do I approach the issue with my client?

Thanks so much!

What is the name of your state (only U.S. law)? North Carolina

I would consider it spam, since the only reason you're dropping the endorsement is because you're paid to do so. You do not "legitimately participate in the discussion" because the only reason you're there in the first place is to advertise.

 

[quincy]

One of my clients recently asked me to help her with marketing for her startup business. I’ve been asked to post comments across many different forums and articles. In these comments, I legitimately participate in the discussion, but I drop a quick endorsement of the business that I’m working for. The posts are always relevant to the topic at hand. I’m getting paid pretty well for it, but I recently got banned from several sites for spamming, and I’m now about to have a mental breakdown out of worry that I’m participating in something illegal.

My question is threefold. Does this legally constitute spam? If so, will I get in trouble for it? Lastly, if the answers are yes, what do I do? How do I approach the issue with my client?

Thanks so much!

What is the name of your state (only U.S. law)? North Carolina

You need to read the Terms and Conditions of the websites. For example, this site prohibits advertisements, solicitations and other commercial messages. To add "quick endorsements" for your client's business in one of your posts would probably be considered spam and your post would be either edited to remove the endorsement or deleted.

Legally, spam can be identified as any unwanted or unsolicited or illegal advertising message.

I would find other ways to promote your client's business (flyers, postcards, a website specifically designed for her, business cards handed out liberally ...).

 

[LdiJ]

I would consider it spam, since the only reason you're dropping the endorsement is because you're paid to do so. You do not "legitimately participate in the discussion" because the only reason you're there in the first place is to advertise.

I agree that its spam and therefore is against the TOS of most forums. However, that does not make it illegal.

 

[justalayman]

Advertising (properly) costs money. Buy advertisements where you want to "name drop"

Regardless of anything else; websites (you are speaking of) are privately owned. The owners or their reps can ban you if they wish to. You have no claim of right to post anything they don't want you to post.

 

[Worried1990]

I would consider it spam, since the only reason you're dropping the endorsement is because you're paid to do so. You do not "legitimately participate in the discussion" because the only reason you're there in the first place is to advertise.

I appreciate your honesty. Just to clarify that point, part of the purpose of this business is to educate people on specific causes. So, in addition to mentioning the site, part of the purpose of the comments is to provide educational feedback on the article. For instance, for any given article, I might also provide a lengthy bit on points that I agree or disagree with.

 

[Zigner]

I appreciate your honesty. Just to clarify that point, part of the purpose of this business is to educate people on specific causes. So, in addition to mentioning the site, part of the purpose of the comments is to provide educational feedback on the article. For instance, for any given article, I might also provide a lengthy bit on points that I agree or disagree with.

Try to rationalize your dishonest and deceptive postings however you want. As was mentioned above by my esteemed colleague, you don't have a right to post on any forum.

For the record, the same actions would get you banned here.

 

[quincy]

I appreciate your honesty. Just to clarify that point, part of the purpose of this business is to educate people on specific causes. So, in addition to mentioning the site, part of the purpose of the comments is to provide educational feedback on the article. For instance, for any given article, I might also provide a lengthy bit on points that I agree or disagree with.

Your clarification does not help you.

If you want to contribute to discussions on a website, leave off the commercial message. Your contributions should stand on their own without the client endorsement. If what you have to say doesn't, then you should not be contributing a discussion.

 

[latigo]

. . . and I’m now about to have a mental breakdown out of worry that I’m participating in something illegal . . . .

"Spam" is in the eyes of the beholder.

And if it is illegal then the guy that delivers my mail 6 days a week should be in prison instead of stomping on my petunias and the USPS and our local rag should be indicted!

 

[quincy]

Thank you to everyone who has replied. I won't try to justify it. Thank you for showing me that it isn't right. I came here for help, and I just need to know what I should do from here.

You have been given suggestions on how to promote your client's business without violating website terms and conditions. You do not benefit your client by getting banned whenever you mention the business name.

You might want to check into buying advertising space on those websites that attract those you think might make use of your client's business.

Good luck.

 

[Worried1990]

You have been given suggestions on how to promote your client's business without violating website terms and conditions. You do not benefit your client by getting banned whenever you mention the business name.

You might want to check into buying advertising space on those websites that attract those you think might make use of your client's business.

Good luck.

Thank you to everyone for all the good advice. I will immediately stop doing this and inform the client that I can no longer do it this way. I'm tempted to take down all the comments that I have posted and refund the client for them. Should I do this?

 

[quincy]

Thank you to everyone for all the good advice. I will immediately stop doing this and inform the client that I can no longer do it this way. I'm tempted to take down all the comments that I have posted and refund the client for them. Should I do this?

I personally see no reason to do that.

Plus it is possible that you will be unable to remove the comments you made. What is posted on a website generally, under terms and conditions, becomes the property of the website.

 

[LdiJ]

I personally see no reason to do that.

Plus it is possible that you will be unable to remove the comments you made. What is posted on a website generally, under terms and conditions, becomes the property of the website.

I agree...that would be taking it over the top. While its not right, its not something that is going to get you arrested. It just gets you banned.

 

[quincy]

I agree...that would be taking it over the top. While its not right, its not something that is going to get you arrested. It just gets you banned.

Some spam IS illegal and can potentially get you arrested but, from what Worried1990 has said, the promoting of his client's business on websites does not appear to fall into the illegal category (like marketing or contributing to the marketing of counterfeit or copyright-infringed goods).

Mentioning the client's business appears to violate only the terms and conditions of the websites he has visited. While it can lead to fines on this site, and a banning, legal action would be unlikely. And, if it violated the terms on the other sites, I imagine the offending material could be removed by the moderator of the site if the moderator so wished.

 

[LdiJ]

Some spam IS illegal and can potentially get you arrested but, from what Worried1990 has said, the promoting of his client's business on websites does not appear to fall into the illegal category (like marketing or contributing to the marketing of counterfeit or copyright-infringed goods).

Mentioning the client's business appears to violate only the terms and conditions of the websites he has visited. While it can lead to fines on this site, and a banning, legal action would be unlikely. And, if it violated the terms on the other sites, I imagine the offending material could be removed by the moderator of the site if the moderator so wished.

Absolutely agree with this...