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help4bis.com
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bb1, post: 203625 wrote:
Sorry but I suggest that you read the Spam act, it can be spam if you send 1 or 100’s of emails. There are very specific guidelines in relation to consent and implied consent when it comes to Spam. No where does it actually say it is ok if you only send 1.

Ben,
I have read the spam act, and I believe I sort of understand it, and yes it does state that it is ok if you only send 1 email. It is called inferred consent. In the context of the OP, obtaining emails listed on the businesses WEBPAGE, I believe there is inferred consent.

Two things that are confusing.
– Spamming as defined under the act, and if so it needs to be defined as a commercial message, as the poster pointed out he has obtained their emails from their websites and as such can be deemed to be ” inferred consent “. They have published their emails online in a public domain and as such it might be seen as consent to send emails. So lets elaborate on that “Consent may also be inferred when someone conspicuously publishes their work-related electronic address (for example, on a website, brochure or magazine); and your business wants to send them a commercial electronic message that relates directly to that person’s line of work. However, if a publication includes a statement that the person does not want to receive unsolicited commercial electronic messages at that address, you can not infer consent.”

– Volume send in one hit, this is were I was refering to inregards to one or 100’s of emails. As a host provider we keep an eye on volume hits. If someone starts sending 100s of emails to the mail queue we pull them up and ask questions.

For now, you have a point… about the act but the act is to protect those who are NOT consenting. Personally I do not believe there is yet a ruling on enforcing the act in respect of sending one email to a particular person without consent.

In this case, subject to the websites from which the email addresses are harvested include a statement that the person, persons or representative of the business does not want to receive unsolicited COMMERCIAL electronic message, I believe that the OP can operate within the boundaries of the ACT.