Legal Question in Technology Law in New York

When is an email considered SPAM?

I am trying to find (local) clubs and associations to rent out my venue for their gatherings, fundraisers, etc... Would an email message to a single recipient (whose email address I obtained through there website) be considered SPAM? And if so, what kind of penalty would I be facing. Thanks for the info.


Asked on 3/10/04, 3:31 pm

2 Answers from Attorneys

Kaiser Wahab Wahab & Medenica LLC

Re: When is an email considered SPAM?

Without the specifics of your e-mail message, I can only give you a very general answer. However, it would be difficult to characterize a single tailored unsolicited e-mail to an address obtained from a recipient's website, spam under any definition.

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Answered on 3/10/04, 5:12 pm
John Friedman Law Office of John K. Friedman

Re: When is an email considered SPAM?

With all due respect to my colleague, any unsolicited e-mail is SPAM under the CAN-SPAM act and you need to comply with that statute. This is not an onerous task, however, and you should not view it as such, nor as an expensive exercise. There are a few proactive steps you need to take with you e-mail to make it compliant.

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Answered on 3/10/04, 10:35 pm


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