Monday, February 21, 2011

Spam me not...


Not quite the typical "buy t@bl3ts to mAk3 y0uR p3n1s L@rge & h@rd" emails, but worse in a way since my email filters don't detect these as spam. I have found over the last few months that if I:
·         complete a ‘contact us’ web form on a South African website
·         email a company to get information on a product or service that they offer
·         purchase an item over the internet

it seems to be taken as an indication that I would absolutely love to be added to that company’s mailing (spam) list. This usually happens with smaller companies who either have no idea of the contents of the Electronic Communications and Transactions Act or they really just don’t give a crap.

I bought an electronic item from a company last year (I won’t name and shame quite yet). From that point on I received weekly emails (not a weekly email, but weekly emails) advertising their sale items for that week. I tolerated this for a couple weeks until my 3rd email punting toner cartridges and then I decided to unsubscribe. I looked for the unsubscribe link, usually found at the bottom of such emails. No such luck. So I replied to the mail, and the next three, requesting that they unsubscribe me. After the fourth email I replied, literally begging, that they stop emailing me. It stopped. For a month. Then restarted again.

A similar incident occurred recently. I wanted some furniture restored, and thus contacted a few furniture restoration businesses via the internet. For my trouble, I now get newsletters filled with antiques and what can be done to them. No unsubscribe option.

Even more recently, a site with which I registered to buy an item has been pestering me (daily) for my personal details. Literally. I get an email every single day with the subject, “Please update your details, we don’t know where you live”. Seriously, that is disturbing. But at least they did give me an unsubscribe option.

If you run / work for a company that is a culprit of this, please take note of the following (taken from the aforementioned Act):

45.(1) Any person who sends unsolicited commercial communications to consumers, must provide the consumer
(a) with the option to cancel his or her subscription to the mailing list of that person
(3) Any person who fails to comply with or contravenes subsection (1) is guilty of an offence and liable, on conviction, to the penalties prescribed in section 89(1).
(4) Any person who sends unsolicited commercial communications to a person who has advised the sender that such communications are unwelcome, is guilty of an offence and liable, on conviction, to the penalties prescribed in section 89(1).


Now, before I get accused of not reading agreements, Ts&Cs and other small print, please note that I almost always read all the small print. I take note of what I am signing up for and always opt out of receiving much of the offered communications. I even untick those very cleverly pre-ticked ‘email me’ boxes above the “I Agree” button.
So, small South African companies that have a web page and an Outlook address book, please don’t pester your customers, or potential customers, or anyone who ever once sent you an email. Here’s a good rule of thumb: if that person didn’t SPECIFICALLY ask to be emailed by your company, don’t email that person.

4 comments:

  1. http://www.spamcop.net/

    ReplyDelete
  2. Enforcement isn't necessarily better than education. I doubt these guys realize what they are doing is in violation of both law and netiquette. It isn't malicious abuse of their contact database for random viagra emails, rather they probably think that they are performing a service to their client base by sending out these emails.

    My objection is more along the lines of offering an opt-in and more importantly and easy opt-out

    ReplyDelete
  3. I agree, we deal with this with our clients on a regular basis and send over 200k emails a month and we refuse to send to anyone without a proof of opt in. Ask for forgiveness instead of permission is not the way to go.
    Ideally once should use the double opt in method, ie a confirmation link after registration to ensure that someone didn't subscribe on your behalf. This is actually to protect the list managers from spamcop since someone opting in would not mind to click on a verify link.

    If you don't come right I would recommend submitting a complaint, they are bull dogs and many a times caused us to redefine our policy.

    ReplyDelete
  4. fair enough... policy redefinition is a good way to go

    ReplyDelete