The line between "legitimate email marketer" and "spammer" may be very fine indeed, but the way the CAN SPAM law is set up isn't doing anyone any favors. David Berlind notes one of the major loopholes that could allow a spammer to keep spamming you even after you've opted out. He received some spam that appeared to originate from a company closer to the "legitimate" side of the line (though, that could be questioned as well), and which appeared to follow the CAN SPAM rules about providing contact info and an opt-out. However, when he went to opt-out, the system displayed that he was on two separate lists, neither of which he signed up for. In both cases, it didn't say what those lists were. However, after he unsubbed from those lists, he realized that he could still review his profile. In other words, he was still in the spamming company's database, and there was nothing at all to stop them from simply adding him to other cryptically named mailing lists and force him to opt out again. He then called the contact name on the spam and found that the guy was perfectly useless in helping -- having no real answers and saying the best he could do was get him in touch with the spamming company's "IT guy."
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