Equickxpress

The rule of thumb:

* You can't take names on one mailing list and simply add them to another mailing list without their consent.

(This is an etiquette rule, not a legal rule unless you have a stated privacy policy. In which case, if the movement from list A to list B is not clearly stated it violates the policy and the FTC can enforce violations.)

* As to telling people on list A about the opening of a new business by the owners of list A, looking at how you have written your privacy policy:

"If you provide our Web site with your E–mail address, such as our guest book, news letter subscriptions, contests, and information request forms, you will be added to our mailing list and may receive E–mails from our Web site stating upcoming sales, events, or news on new additions to our Web Site."

I would suggest you have limited yourself to providing "E-mails from our Web site stating upcoming sales, events, or news on new additions to our Web Site."

Meaning it looks like your stuck and unless you can fit the news of your opening a new business within one of the 3 categories, unfortunately no dice.

(It might be construed as an event, although I suspect this is a stretch given the purpose of the site.)

I add, normally the issuer of a privacy policy leaves it open, meaning:

* The publisher can change the policy by simply posting a revised policy and giving notice of the change to all those on the applicable mailing lists; and,

* The publisher usually has a broader statement as to the inclusion of 3rd party messages, although this depends on the site objective.

I would review this policy with a competent advisor as some of the language could come back and haunt the site owner in the future.

I am a business person, not a lawyer, although I do have a law degree. These comments are for educational purposes only. Specific concerns should be directed to a competent advisor.

Kind regards,

John

P.S. On the whole issue of sending personalized unsolicited commercial email to a limited number of people, a few words of follow up.

The Commission has recently issued guidelines for commercial emailers defined as those who send unsolicited commercial email.

There is a huge distinction between "affirmative consent" commercial email and unsolicited commercial email. We will know better how the Commission decides to treat "affirmative consent" commercial email once the rules to implement the Act are published.

Allhough the presumption is that a commercial emailer initiates the transmission of unsolicited commercial email in bulk, people need to understand:

* The Commission defines spam as unsolicited commercial email, usually sent in bulk.

(I happen to consider the better definition is unsolicited bulk email, meaning the message must be both unsolicited and sent in bulk, but hey, the view of the Commission is what counts.)

* As such, the guidelines label: (i) unsolicitd commercial email or UCE as spam; and (ii) commercial emailers who initiate the transmission of UCE and those whose products or services are advertised in UCE as spammers.

(Implicit in this is the Commission's view the Act gives consumers the right to opt-out from receiving spam, with spam meaning unsolicited commercial email.)

Bottom line? The Commission is not buying into the distinction made by the Direct Marketing Association and others between unsolicited non-fraudulent commercial email and unsolicited fraudulent commercial email.

In the eyes of the Commission it is all UCE or spam and the Commission is going to use its bully pulpit to label all those who "initiate" or "send" UCE as spammers.

Kind regards,

John Glube
Toronto, Canada

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