Spam advice

[stealthhosts]

I am looking for a bit of clarity with regards to spam.

I have a hosting client who owns a market research business. They have an australian travel company client who requires 10,000 of their existing customers to be contacted as part of the research project.

I am still awaiting more info and have asked for opt-in details. It is a legitimate UK company who I have had many dealings with (they are one of the largest fieldwork based research companies in the UK).

I was wondering if anybody had any suggestions on the handling of this?

This would perhaps be best answered by any of the web marketing guys who may have been in situations like this themselves.

Any constructive comments would be appreciated.

[Paul_KY]

Consult your legal advisor.

[stealthhosts]

yeah, thanks paul - another useful comment. Why hadn't I thought of that?

I have a company solicitor but that relates to business law and my legal obligations, as no doubt you should be aware that internet law is a very specialist area. In addition, the law relating to web related litigation in my country may not even apply due to the clients being australian. I may break a law in one country but not another.

Come on paul, you should know that

Always a pleasure

there isn't many laws against spam in the uk if any, unlike the usa. In the uk it is a ISP problem and they have their own policies but i don't think th Uk government has any.

[stealthhosts]

the uk has specific anti-spam law relative to the UK, there is also an EU directive which was adopted by the uk to form anti-spam legistlation.

[temi]

Contacting people on an opt-in list is considered Spam, so I do not think you client will be spamming his 10,000 customers. However if the customers were on a list he bought or borrowed and they are being contacted on a matter they have not given prior consent to then it will be considered a Spam.
I think you should wait, if you are happy about the fact that the client of the link consented to being contacted then go ahead and let you client use your server. Alternatively get your client to use a 3rd party email service such as the one provided by MS small business or Tucows constant contact.

I will actually suggest to keep a clean bill of health (server wise) you should get your client to use a 3rd part that specialise in bulk email.
Thanks

[stealthhosts]

That was my thinking temi. a 3rd party bulk mail company.

I would have concerns that the clients list may then become up for sale by the third party though?!?

In addition, I know the people being mailed are existing or past customers, I don't yet know if they have opted in specifically for market research mail (not marketing mail - very different).

I need more info before I can make a decision it seems.

Cheers

[Paul_KY]

No way on earth am I going to make legal decisions, even though they're in good faith, based on input from Internet MSG board posters. That's simply a HORRIBLE business decision.

Consult your INTERNET SPECIALIST legal advisor.

[stealthhosts]

cor, not ANOTHER useful post from Paul_KY?

At what point did I ask for legal advice? I think it was you who brought up the legality.

I was looking for perception advice from internet marketers who have conducted similar projects for themselves recently. From a consumer point of view, I question how people percieve mail which they were not expecting despite the fact they may have opted in. On a scale of 10,000 targetted emails, what can the client expect as response.

Perhaps I didn't make myself clear enough. I hope you have some clarity now.

Thanks for your continued input

Lewis

[stealthhosts]

I was going to edit the above, but thought that 'people' may percieve that as not being transparent.

I would be interested in any further papers published regarding the legality of mail marketing (for the purposes of research, not selling) as general information.

I have the EU directive and UK anti-spam act in hard copy but any case studies would be interesting.

Cheers