Thursday, June 4, 2009

Kimkins SPAM

I am banned from Kimkins. Since September 2007. But I still receive newsletters, recipes and emails from Kimkins.con. Several times per month.

It doesn't matter how many times I unsubscribe. The emails keep on arriving.

I wonder if Heidi Diaz knows that she is in violation of the CAN-SPAM act.

From the FTC (Federal Trade Commission) website:

What the Law Requires

Here's a rundown of the law's main provisions:

  • It bans false or misleading header information. Your email's "From," "To," and routing information – including the originating domain name and email address – must be accurate and identify the person who initiated the email.

  • It prohibits deceptive subject lines. The subject line cannot mislead the recipient about the contents or subject matter of the message.

  • It requires that your email give recipients an opt-out method. You must provide a return email address or another Internet-based response mechanism that allows a recipient to ask you not to send future email messages to that email address, and you must honor the requests. You may create a "menu" of choices to allow a recipient to opt out of certain types of messages, but you must include the option to end any commercial messages from the sender.

    Any opt-out mechanism you offer must be able to process opt-out requests for at least 30 days after you send your commercial email. When you receive an opt-out request, the law gives you 10 business days to stop sending email to the requestor's email address. You cannot help another entity send email to that address, or have another entity send email on your behalf to that address. Finally, it's illegal for you to sell or transfer the email addresses of people who choose not to receive your email, even in the form of a mailing list, unless you transfer the addresses so another entity can comply with the law.

  • It requires that commercial email be identified as an advertisement and include the sender's valid physical postal address. Your message must contain clear and conspicuous notice that the message is an advertisement or solicitation and that the recipient can opt out of receiving more commercial email from you. It also must include your valid physical postal address.
The emails from Kimkins.con fulfill these requirements, with the exception of the "opt-out."

I don't doubt that Heidi will blame "technical glitches" or duplicate databases and email services but the Law doesn't allow for such an excuse. It clearly says that you have to honor the opt-out and stop sending emails within 10 days.

The FTC also spells out the penalties:


Each violation of the above provisions is subject to fines of up to $11,000.

As Heidi does not seem to be aware that she is in violation of this law (or does not care) I made sure that the FTC knows about her spamming. It is very easy to submit a complaint on the FTC website.

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