Legal Question in Technology Law in New Jersey

My website, CircumSeeker.com, acts as a third party between user and organizations. Users ask organizations questions via an email form on my website, upon which an email is generated and sent to the particular organization requesting a response. Failure to respond to the user's question within 14 days results in a poor response rating for the organization on my website (reminder emails are also sent). Responses by organizations can be public or private, and the content is added to my website for monetization purposes.

While my website is the "sender", it is not the originator. The emails are not selling or promoting any product or service (besides a corporate logo), however, the emails do add to the content on the website. I am reluctant to add an "opt-out" link and comply with CanSpam rules on the emails as an "opt-out" link will undermine the purpose of the website (and it's effectiveness to elicit an response). I need legal advice. I would like to send a test email to you from my website for you to assess its "spammyness."

Thanks

Asked on 10/07/13, 4:43 pm

2 Answers from Attorneys

Roman Fichman Esq. Law Practice of Roman Fichman Esq.
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Generally speaking, attorneys on internet sites like LawGuru cannot render a specific opinion without first being retained. Since you are seeking a legal evaluation of your commercial website you should retain an attorney for this task.

My office has a special offer for LawGuru users where we could conduct a limited review of the website at a total cost of $297 which would also include a telephone consultation. To take advantage of this limited offer please go to:

http://thelegalist.wix.com/roman-fichman-esq-and-assoc/lawguru3

Disclaimer: This post has been written for educational purposes only and was not meant to be legal advice and should not be construed as legal advice or be relied upon. No intention exists to create an attorney-client relationship or any other special relationship or privilege through this post. The post may contain errors, inaccuracies and/or omissions. You should always consult an attorney admitted to practice in your jurisdiction for specific advice. This post may be deemed as Attorney Advertising.

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Answered on 10/07/13, 6:23 pm
Frank Natoli Natoli-Lapin, LLC
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This is a very specific question that will require both a thorough understanding of what you are doing and what the CanSpam rules require you to adhere to.

This forum is good for general info and insights but it is not a substitute for your own counsel. I think you should reach out to a lawyer in private and discuss in more detail. Perhaps there is a very straight forward answer here, but at this point it is not clear.

If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.

Kind regards,

Frank

www.LanternLegal.com

866-871-8655

frank@lanternlegal.com

DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis

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Answered on 10/08/13, 7:22 am

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