Is this spam?

xweque · 10 Jan 2016, 12:13 AM

So I run a dedicated server with a number of clients on. We provide them with email and web hosting and manage their website(s).

Today one of them approached us asking us to create a mail design. Instinctively I asked what it was for and it turns out they are planning on advertising through email. These are not emails for users, they are for potential new costumers. They will however only be targeting companies that they find could be in need of their services, as an example a farmer contacting a market or a paper producer contacting a book publishing company.

All emails are personalized and don't come from a email list, all companies they want to contact has been found by looking at certain properties of their company.

Would this be considered spam? Please elaborate on your answers

janusz · 10 Jan 2016, 02:08 AM

Considered by whom?

Personally, when I receive a single email with some sort of unsolicited "special offer", I consider it spam, but if its a one-off, I can't be bothered to do anything.

Consider, however, a possibility that by sending a large number of messages of this type your service may get marked as a spamming site and blacklisted..

FredOnline · 10 Jan 2016, 02:09 AM

I would suggest a poll here on the forum, with 2 choices:

Is this SPAM - YES
Is this SPAM - NO

That would give you an overview of what the forum members think.

Some may wish to elaborate and answer in depth.

But, bear in mind, the targets of the unsolicited e-mails may give different responses.

jarland · 10 Jan 2016, 04:17 AM

I would say yes, unsolicited marketed email is what I would consider to be spam.

n5bb · 10 Jan 2016, 04:54 AM

I agree with the general definition for spam given here:
https://www.spamhaus.org/consumer/definition/

In the US there are legal prohibitions to sending spam, so you should examine the FTC rules:
https://www.ftc.gov/tips-advice/busi...guide-business

Bill

buyog · 10 Jan 2016, 07:41 AM

If they will target companies then I would not consider it as spam but who knows they could be desperate about their business/ ads and would cross the line.

It is a risk on your part especially if you have other clients using the same mail/smtp servers.

n5bb · 10 Jan 2016, 08:07 AM

The anti-spamming laws don't differentiate between individuals or companies receiving spam.

kijinbear · 10 Jan 2016, 12:49 PM

As n5bb's link above says, spam is unsolicited bulk email.

Either condition alone does not suffice. Both conditions must be met. Your client's emails are clearly unsolicited, so the first condition is met. The question, then, would be whether they are "bulk".

"Bulk" means sending substantially similar content to multiple recipients. The content doesn't need to be 100% identical. Merely personalizing the recipient's name and address is not enough.

So I would say Yes, it is spam, unless your client is planning to type each letter individually and customize the offering for each recipient. And even if they did, the recipients probably wouldn't know, so they would still consider it spam.

Reaching out to potential customers via email is basically dead as a business model. The only kind of mass email that most people tolerate nowadays are those that are sent to existing customers, and even that is becoming increasingly dubious.

Bamb0 · 11 Jan 2016, 05:45 PM

Quote:

Originally Posted by n5bb

I agree with the general definition for spam given here:
https://www.spamhaus.org/consumer/definition/

Just Bill · 30 Jan 2016, 04:46 PM

Most definitely spam.

View Poll Results: Is it spam?
Yes	15	93.75%
No	1	6.25%
Voters: 16. You may not vote on this poll

10 Jan 2016, 12:13 AM	#1
xweque Junior Member Join Date: Jan 2016 Posts: 1	Is this spam? So I run a dedicated server with a number of clients on. We provide them with email and web hosting and manage their website(s). Today one of them approached us asking us to create a mail design. Instinctively I asked what it was for and it turns out they are planning on advertising through email. These are not emails for users, they are for potential new costumers. They will however only be targeting companies that they find could be in need of their services, as an example a farmer contacting a market or a paper producer contacting a book publishing company. All emails are personalized and don't come from a email list, all companies they want to contact has been found by looking at certain properties of their company. Would this be considered spam? Please elaborate on your answers

10 Jan 2016, 02:08 AM	#2
janusz The "e" in e-mail Join Date: Feb 2006 Location: EU Posts: 4,944	Considered by whom? Personally, when I receive a single email with some sort of unsolicited "special offer", I consider it spam, but if its a one-off, I can't be bothered to do anything. Consider, however, a possibility that by sending a large number of messages of this type your service may get marked as a spamming site and blacklisted..

10 Jan 2016, 02:09 AM	#3
FredOnline The "e" in e-mail Join Date: Apr 2011 Location: Manchester UK Posts: 2,616	I would suggest a poll here on the forum, with 2 choices: Is this SPAM - YES Is this SPAM - NO That would give you an overview of what the forum members think. Some may wish to elaborate and answer in depth. But, bear in mind, the targets of the unsolicited e-mails may give different responses.

10 Jan 2016, 04:17 AM	#4
jarland Essential Contributor Join Date: Apr 2014 Posts: 399 Representative of: MXRoute.com	I would say yes, unsolicited marketed email is what I would consider to be spam.

10 Jan 2016, 04:54 AM	#5
n5bb Intergalactic Postmaster Join Date: May 2004 Location: Irving, Texas Posts: 8,929	I agree with the general definition for spam given here: https://www.spamhaus.org/consumer/definition/ In the US there are legal prohibitions to sending spam, so you should examine the FTC rules: https://www.ftc.gov/tips-advice/busi...guide-business Bill

10 Jan 2016, 07:41 AM	#6
buyog Junior Member Join Date: Jul 2008 Posts: 17	If they will target companies then I would not consider it as spam but who knows they could be desperate about their business/ ads and would cross the line. It is a risk on your part especially if you have other clients using the same mail/smtp servers.

10 Jan 2016, 08:07 AM	#7
n5bb Intergalactic Postmaster Join Date: May 2004 Location: Irving, Texas Posts: 8,929	The anti-spamming laws don't differentiate between individuals or companies receiving spam.

10 Jan 2016, 12:49 PM	#8
kijinbear Cornerstone of the Community Join Date: Mar 2011 Location: ~$ Posts: 652	As n5bb's link above says, spam is unsolicited bulk email. Either condition alone does not suffice. Both conditions must be met. Your client's emails are clearly unsolicited, so the first condition is met. The question, then, would be whether they are "bulk". "Bulk" means sending substantially similar content to multiple recipients. The content doesn't need to be 100% identical. Merely personalizing the recipient's name and address is not enough. So I would say Yes, it is spam, unless your client is planning to type each letter individually and customize the offering for each recipient. And even if they did, the recipients probably wouldn't know, so they would still consider it spam. Reaching out to potential customers via email is basically dead as a business model. The only kind of mass email that most people tolerate nowadays are those that are sent to existing customers, and even that is becoming increasingly dubious.

30 Jan 2016, 04:46 PM	#10
Just Bill Senior Member Join Date: Jan 2013 Posts: 192	Most definitely spam.