1. My name is not Bob. - you obviously do not know me

2. I seriously doubt I could be considered a Layman (with legal or Can-Spam matters). I grew up and worked in a family owned law firm and was a pre-law student until I decided it wasn't for me.
I have been a professional web marketer for 19 years now. My current employer sends out over 600,000,000 (yes 2/3rds of a billion) per year (all opt-ins).

3.
Quote
"This forum is not a business with a business-like connection to the members who write posts"
- This forum is not in question. The email that was sent contains advertising for goods and services. That makes it a commercial email that falls under the jurisdiction of the Can-Spam Act. I was not talking about suing Rick ... I was giving him a heads up that his newsletter has some questionable practices (harvesting emails from his "free" site, not clearly marking the email as advertising (which it contains), not offering a opt-out that works within 10 days.

I was also telling Rick that his practice of removing his members from the forum if they opt-out is a poor practice that will cannibalize his own membership...

you may want to read up on the laws so you accurately can speak about them before you start telling others what a US judge will do (PS it's the FTC, not a judge that will dispense any fines over a can-spam infraction....unless also criminally prosecuted) - https://www.ftc.gov/tips-advice/business-center/guidance/can-spam-act-compliance-guide-business


Originally Posted by northsea junkie
Originally Posted by MN3
I have edited my profile/ preferences to not receive "emails regarding this community"

If i receive another one I will cancel my account and all my posts (as your optout's only option).


Bob, obviously you are a layman with regard to legal matters.

This forum is not a business with a business-like connection to the members who write posts.
No, it is a service provided by Catamaran Sailor shop run by Rick. The reason why he provides this free service is obvious.
Infact so obvious that it can be considered as common knowledge with each writing member. Especially if the membership is more than 10 years.
The same applies for the fact that everybody understands that, though this service is free, it has to be paid for by Ricks shop.

So, there's no misleading, no false expectation between both sites of the relationship!


This all makes your appeal on the CAN_SPAM Act invalid (to be honest its a laugh). There is no Judge in the U.S. that will consider the action of Rick as an infraction on this Act.

Don't be a fool.


Last edited by MN3; 04/11/16 08:18 AM.