You can't gain legitimacy with semantics

Latest posts | Feed | By Mark Brownlow on March 27, 2007

David Berlind, Executive Editor at ZDNet, takes a close look at an email from Expedia reminding him of a $200 coupon. His first post criticises the somewhat misleading copy. His second asks whether the email might actually violate Can Spam legislation.

The issue seems to be that Expedia considers a coupon reminder to be transactional rather than commercial email.

For me, the actual semantics and legalities of the email are fairly irrelevant. Permission issues are not just about keeping the right side of anti-spam laws.

No apologies for saying this a thousand times, but recipients don't label emails based on the legal definition of spam.

You want to be seen as a spammer? Then send irrelevant commercial email that people don't want. You can call it what you like, but if the recipients see it as spam, then all the legal ifs and buts in the world won't help. And don't be surprised if you end up on a blacklist or criticised in public.

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