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freeflixtix.com using friends to spam!


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My Spamcop report for this is here:


I have a friend who about a year ago was duped by freeflixtix.com's offer of free movie tickets if she submitted to them the e-mail addresses of five friends (one of which, of course, was me). I've personally never corresponded or had any business with freeflixtix.

Last year, they sent me a couple of e-mails with headers forged to look like they came from my friend, and after I complained relentlessly they stopped. Today I received another one forged to look like it came from my friend, which was reported at the above link.

My question is this: Now that CAN-spam was passed this year, isn't this fake address header business clearly illegal now? Or am I missing some loophole that freeflixtix has found?

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Not a lawyer, but I'd bet the furst thing you'd find out is that you wouldn't have standing, as the e-mail was sent on behalf and on terms agreed to by their "client" .. in this case, your 'dear' friend. And based on those terms, there isn't a Forgery happening.

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you wouldn't have standing, as the e-mail was sent on behalf and on terms agreed to by their "client"

Let's hope not, because if that's true then it's legal to sign up nonconsenting third parties for spam lists, which essentially lets the whole world sign each other up. Either way, you never signed up for it. Report each and every spam you get from them and hopefully they'll make the blacklists long enough to reconsider their spammin... er, business practices.

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just wondering if this law will ever be tested in courts, how can you prove that your 'friend' did not actualy sign you up and prevent implicating him/her? If it's left to ISP then their innaction and incompetence may in the end prevent the law from ever being implemented?

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In this case the headers came from freeflix. The From: was from your friend. Since she agreed to send emails to friends, then it isn't a forgery, I don't believe. And as such is legal under CAN-spam

However, since you have complained to freeflix and asked them to remove your email address, it might be covered under the requirement for a "working unsubscribe" part of the law. IANAL, but that's the way it looks to me.

I haven't followed very much about the law because IMHO, it is unenforceable.

I, personally, would do manual reports to all those abuse addresses - either copying them in my email to freeflix or copying freeflix in my reports to them.

The important parts are that

1) you neither requested email from, nor gave permission to, freeflix to email you.

2)You have told freeflix you are not interested and to remove your name from their mailing list and that they have not done so.

No matter what the law is, they are not using best practices. (though you could look the law up and see what it says about working unsubscribes).

If you have a web page, you can do as someone else does, and tell them that you are putting their web site and IP address on a "public blacklist" - which is actually a list on his website. That's not a recommendation, but that's one person's way of getting attention.

I like the phrase "Please take appropriate action." That leaves it up to them whether to cancel or to make them take your email address off the list.

Also, trying to find another address to escalate your complaints or calling them and trying to get someone who can authorize changes (it isn't easy getting past the first tier who have canned answers and no authority).

It is so frustrating to deal with idiot companies that use old fashioned advertising techniques that just make people mad at them.

Good Luck

Miss Betsy

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