Spam Gypsies: Internet Marketers Without A Valid Address

By | Internet Lawyer | No Comments

spamIn a mobile society, some online marketers act like transients, moving from place to place at the drop of a hat.

For some, it is a matter of staying one step ahead of law enforcement or client lawsuits. For others, it is the eternal quest for the ultimate guru to fill in the missing pieces. Others simply enjoy traveling. You’ll find them moving to different states — even traveling cross-country by RV and marketing on laptops at local coffee shops along the way.

Yet they have one thing in common. They’re breaking spam laws by using invalid physical mailing addresses.

The CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography and Marketing Act) requires commercial e-mailers to include a valid physical postal address so that subscribers have another way to opt out from lists and to identify the source of commercial e-mail.

Breaking this law can lead to fines of up to $11,000 per violation.

If you’ve moved, update your address. Of course, using a business address is preferred if you want to protect your privacy. Home addresses can lead to stalkers or worse. If you’re going on vacation, have someone regularly check your snail mail to ensure that any CAN SPAM complaints get timely handled.

Or you can ignore it all, hope the Federal Trade Commission (FTC) won’t go after you, and pay your Internet lawyer to clean up the mess if you get caught.

Internet Attorney: Spammers Should Be Executed

By | Internet Lawyer | No Comments

Enough! The Federal Trade Commission (FTC) brags about shutting down the biggest spam network (Herbal Kings) in the world. Noticed a drop of unsolicited commercial e-mail (junk mail) in your inbox as a consequence? Neither have I as an Internet attorney.

Asset forfeiture and civil judgments just aren’t enough to deter spamming when it is so profitable for those who do it.

What’s the solution?

It is time for a law that requires career spammers be executed. I’m not talking about the Internet newbie who sends you spam inadvertently after getting your business card. That’s annoying but the newbie isn’t maliciously profitting by sending tens of millions of unsolicited junk e-mails monthly that waste countless labor hours trying to delete or fix damage caused by trojans, etc.

As for those hours wasted, imagine what Read More

FTC Poster Child

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Here’s a perfect example of what it takes to become a U.S. Federal Trade Commission (FTC) poster child. Violations included spam (CAN-SPAM Act), falsely telling consumers that transactions were encrypted, and making false claims about the products.

You’re smart enough to not send unsolicited commercial e-mail and ethical enough not to misrepresent your products…but the lesson to learn from this one is to make sure that if you say online purchases are encrypted that they actually are protected. Don’t assume. Verify.