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David [LION] R
Sr. IT Project Management Consultant - Currently Consulting to BP in Naperville - LION 2700+
I am considering action against spock.com through CAN-SPAM act
I am normally tolerant of emerging/web2.0 technologies and networking sites. However, I'm utterly fed up with spock.com and their abusive email practices. The communication with their contacts has not revealed an equitable solution to end their spamming of me. I want to take action, potentially under CAN-SPAM.
Circumstances:
A user at spock.com "invites" me via email from spock.com to join spock.com. I do not wish to join. Spock.com continues to send email on behalf of one or more spock.com users.
My assertion of abuse under CAN-SPAM:
Spock.com does not provide a mailing address at the bottom of their email.
Spock.com does not provide a link in the email to unsubscribe
Replying to the email with "unsubscribe" is not honored.
My assertion of additional legal abuses by spock.com:
Their support says that in order to suppress email from spock.com, I have to join spock.com under my email address and shut off further communication. HOWEVER, and this is important, in the process of registration, you must consent to their site Terms of Service. While I'm not an attorney, I find a number of sections (i.e. Idemnifications) to be contrary to asserting my right to make spock.com stop abusing my email. Therefore, I have not accepted their terms, have not signed up, and cannot yet stop their emails.
Yes, I could simply email filter away their incoming messages, but my belief is that this website's email and membership practices are abusive and potentially infringe upon privacy rights.
I would welcome either public or private comment on this matter.
Clarification added 7 months ago:
I am delighted to report that spock.com has created what appears to be a formal unsubscribe procedure:
http://www.spock.com/do/public/request_unsubscribe
It does not appear to require that you accept their terms of service, which I find to be a most agreeable approach.
Answers (16)
I too have been receiving a number of emails from spock.com. I agree with you that I should not have to sign up on any site in order to stop receiving messages. I know that it is not spock.com but their users who are sending requests out to their mailing list, however they could do more to ensure that they are not spamming.
Shalesh K
President at Vivid Technologies, an IT Staffing business shalesh@vividit.com, 3000+ connections
I get the same abundant email from Plaxo Pulse (and just starting to get it from Spock). I think when people join these sites they upload their entire LinkedIn network and then all of us get tons of emails whenever new people join. I just delete the email. Not that big of a deal to me.
If they don't follow the law, they do need to be prosecuted. If I were you, I would launch a complaint!
Joe C
Identity Theft and Privacy Compliance and Training (TopLinked.com, MyLink500.com, LION, 2,300+)
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CAN-SPAM -- then they can spam!
On a more serious note . . .
The CAN-SPAM Act does not provide for a private right to action. Therefore you cannot individually bring legal action against spock.com under the Act. The Act is enforced primarily by the FTC and State Attorney Generals. I suggest you do 3-4 things to take action against annoying email that violates the Act.
1. File a complaint with the FTC at www.ftc.gov
2. File a complaint with your state's consumer protection division or state attorney general office (whichever is most appropriate in your state).
3. Block the offending email with a spam filter, so you don't see it and it stops annoying you.
4. File a complaint with your ISP because the ACT allows ISPs to sue if they are adversely affected (a lot of complaints may constititute an adverse affect).
The reason why offenders of the CAN-SPAM Act get away with it, is because most people only do #3, if anything at all other than complain (I am not implying you are complaining, I know you will take action).
The other frivilous action by many consumers is to send a nasty and threatening email to the offender saying you are going to sue them. They know that's a joke even if you attempted to follow through. (The cost of anti Spam software is far less than the cost of an attorney and it works on all spammers not just one!). A consumer's time is most productively spent completing at least the first three steps I outlined above -- the steps can usually each be done online in a few minutes (after the initial time of figuring out the process for electronically submitting the complaints) Make notes on the process, and you can refer to your notes over and over again to quickly and easily report Spammers whenever you feel it is necessary.
Good Luck,
Joe Campana
campana@jcampana.com
Clarification added 7 months ago:
For those who do not know. . . CAN SPAM ACT is an acronym for the: Controlling the Assult of Non-Solicited Pornograghy and Marketing Act of 2003.
Steve C
Technology and Software Marketing, Analysis, 2100+Connections -Stevers1@gmail.com
Best Answers in: Using LinkedIn (1)
I agree with you totally, and found their MANY invitations to be repetitive and annoying. I had to logon to their site to stop the emails from coming, and their service sent me a complaint that I shouldn't do that.
I also get spammed from Spock as well as Plaxo Pulse, as mentioned below. I signed up on Spock in order to remove myself from future emails, and it didn't work either. Let me know if you find a solution!
Jeffrey N
Internet and Technology Attorney
Best Answers in: Computers and Software (1), Information Security (1)
Although there is no action under the Can Spam Act, there may be actions under the CFAA, as well as others. You could potentially bring an action for unauthorized use of a computer system or network. It would be better brought by your ISP, but nonetheless you could bring it, especially if it is egregious, which spock.com's lack of internal controls just may be, especially after notification. It wouldn't be cheap though.
J.L. R
Owner, Viral Narrative
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Quote:
"The CAN-SPAM Act does not provide for a private right to action."
Correct me if I'm wrong, but I also thought that CAN-Spam only concerned itself with commercial emails between a business and a private consumer, which means that intra-business marketing emails might not be covered...
That's a good thing, otherwise cold prospecting emails would suddenly be problematic... much in the same way that the National Do Not Call registry is for private lines... and not to discourage business-to-business phone prospecting.
Is that correct, or am I missing something?
-J.L.
Sheilah E
Owner, SME Management:.......... Business Management and Accounting Consultant
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I have been getting flooded with emails as well, both invitations and requests for endorsements. It's annoying to say the least and is spam. If a connection here wants an endorsement there they should email me themselves.
Sheilah
Chris L
Oracle Performance Consultant. Author: "Snappy Interviews" & "The Art & Science of Oracle Performance Tuning."
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Agree with all of the above. Very annoying!
J. D. W
Assoc Prof at Lubbock Christian University
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Interesting dilemma and I am sure that someone will have legal options for you. My perspective comes more from if you have an address it will get abused perspective (kind of like the junk mail sent to your postal address). I had a similar experience with one of those “10 cd’s for a penny”. I wrote them relentlessly that I did not want CD’s unless specifically requested. They kept coming (they have my address they will abuse it). Finally I just started refusing them. They could not charge me for what I did not consider. It was sent back unopened and it was costing them time, postage and money. Eventually I got a letter capitulating to only sending CDs that I specifically ordered (Who know?!). Possibly and e-mail equivalent is to set up a forwarding rule that sends the e-mail back to the company. I am sure eventually they will black list you but who knows perhaps they will actually get the message. -jd
Jon S
Business and Consumer Marketing Information
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1- Yes, you can filter, but that has limited effect - most spammers simply use different names, so you end you having to block, block and block some more. But is does help.
2- Yes, file a complaint on the Federal side. State offices are so understaffed, if they even look at your compliant it is month and months after the fact. Fedearl offices are also understaffed, But the complaints continue to build and if everyone files complaints instead of just blockeing and filtering - then action can and will take place.
Here is a portin of the Can-Spam law. I have also added the web link.
This particular portion refers to wireless, since text messaging is treated the same as email. The terms are interchangable.
The FCC’s CAN-SPAM Rules
The FCC’s ban on sending unwanted e-mail messages to wireless devices applies to all “commercial messages.” The CAN-SPAM Act defines commercial messages as those for which the primary purpose is to advertise or promote a commercial product or service. The FCC’s ban does not cover “transactional or relationship” messages, or notices to facilitate a transaction you have already agreed to. These messages would include statements about an existing account or warranty information about a product you’ve purchased. The FCC’s ban also does not cover non-commercial messages, such as messages about candidates for public office.
The FCC’s ban covers messages sent to cell phones and pagers, if the message uses an Internet address that includes an Internet domain name (usually the part of the address after the individual or electronic mailbox name and the “@” symbol). The FCC’s ban does not cover “short messages,” typically sent from one mobile phone to another, that do not use an Internet address. Also, the FCC’s ban does not cover e-mail messages that you have forwarded from your computer to your wireless device (but the FTC’s rules may restrict such messages).
Spock, Plaxo, Blue Chip and most all other business/social networking operations havebegun extensive spamming.
The only stop is to file the complaints and never join one of the groups.
Professional LinkedIn users would do everyone a huge favor and never solicate there LinkedIn connection sto join these other groups.
Additonally, mostof these groups seek 'yor contacts' in order to do just what the question refers to; spam for members.
Good luck,
Jon
Links:
I would be proactively nasty.
If I was you, and as fed up of this as you sound I'd build a site that was called...
www. been spammed by spock . com
I'd put up your complaint.
Let me know... I'll web blast it on to two billlion sites for you !
That should get them to take notice !
Michael S
Chief Peon In Charge at MSCC
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Hate to break it to you, but under the CAN-SPAM act, you as an individual have no legal recourse.
CAN-SPAM allows an ISP to take action, not an individual. (Unless of course the individual happens to be an "ISP" ;-)
The question is... how did spock.com get your e-mail address in the first place. Do you have an existing business relationship with them?
From what you say, you have to register with them to suppress e-mails? That's a no no.
My suggestion is that you complain to their upstream provider, as well as to your ISP or mail service provider. They can block the e-mails.
I would also suggest reporting the e-mail to USENET's news.admin.net-abuse.sightings group. (And or news.admin.net-abuse.email (NANAE) )
If spamhaus.org adds them to Zen, the odds are you won't see the e-mails ever again.
You can complain to Level3 or globix.net
HTH
-Mike
Steven Miles [LION] S
Do you need my help?
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I receive the same mails from Spock.
I took the lazy way out and got Outlook to block them.
Of the answers already given, the best two were from Joe Campana and Michael Segel.
In addition to reporting them to www..ftc.gov and spamhaus.org, I'd also report them to spamcop.com. Their upstream provider may be a good place to complain, but usually only if enough people do it.
My experience with spam filtering techniques is that rejecting the message up front seems to work better than either dropping the message or generating a reject of your own. If you just drop the message, you tell them nothing. If you generate a reject of your own, you're liable to be confused by spoofing into sending reject messages to people who never mailed you anything. (You may not be exposed to this for the spock.com case, but it is something to be concerned about with spam in general.)
Unfortunately, most email users on the Internet do not have sufficient control over their email reception to be able to reject incoming messages before they're accepted, so that probably will not work for you. In that situation, I would recommend simply dropping the messages.