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Topic # 70671 28-Oct-2010 17:19 Send private message

I have just received an email which I consider as spam.

My reasons are;

The email was sent to our generic '[email protected]'.
It was directed to 'The Manager'.
We did not approach them, and never have in the past.
They did not use any of our employees names, and did not name our company in the email.
The opening sentence appears to be a cut and paste job as there are two lots on 'double spaces' there have not inserted their spiel correctly.

However, they have included an outclause/footer in their email;

PS:  This email has been sent to you as your business or service has been recommended to us and is not spam.  If you are not interested do not reply to this email. All specials and websites must be paid within  2-3 days as we cannot hold onto them at these heavily reduced rates. We do not keep databases or lists of any kind. Please note we do not keep databases of any kind and do not pass your information onto any other organization. As an independent magazine we do not receive any government funding or by way of personnel in any way, shape or form. Please advise if you do not want to receive any further emails.Please see our website for terms and conditions of advertising. Please see our website for full terms and conditions.



I assume they are trying to get out of their obligations in the Unsolicited Electronic Messages Act.
The email itself does relate to our business, and what we sell.


Obviously you cannot contract yourself out of law, but have these people done enough for it to be considered spam, are they exploiting a loop-hole ("your business or service has been recommended to us") or are they hoping people will not know enough about the law??

Thoughts and comments please.

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BDFL
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  Reply # 396940 28-Oct-2010 17:35 Send private message

Report them, and let the DIA decide it for you ;)





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Ultimate Geek
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  Reply # 396944 28-Oct-2010 17:45 Send private message

I see disclaimers like this fairly often.

Unfortunately reporting spam to the DIA is such a hassle I believe most users wouldn't even bother. Looking at the www.spam.govt.nz website in September 2010 they only received 267 complaints in total.

So either hardly anyone is sending any spam, or its just not getting reported...

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  Reply # 396949 28-Oct-2010 17:53 Send private message

Report them to the DIA




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Ultimate Geek
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  Reply # 396954 28-Oct-2010 18:18 Send private message

I've made several reports to the DIA. It's not that onerous. I've had pretty good service from them, to be honest, with personal emails and phonecalls from their analysts.

Report it. At worst, the DIA will offer advice to the alleged spammer and then will be aware of them should further complaints result.




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