GSA- Website Contact Question about Duplicate Data in Form

Deeeeeeee

As sad as this sounds, I had a dream last nite about GSA-WC.

Website Contact  was sending contact forms and the contact had a double greeting, double address, etc.

(Now I haven't gotten to this step yet, so I do not know if it's even echoed to the screen as in my dream hahah)

So, of course, my question is, should the message contain an address, if using self-defined static strings of text?

The reason I ask if if this is for a US company, ALL emails must have the CANN-SPAM warning, and if some forms don't ask for those details, I won't be including them.

Deeeeeeee

I will be including both. Makes most sense, upon reflection.

I mean, if the name in the first and last fields match the name in the "letter",don't see how this hurts.

And, as stated, for legal reasons, I would be certain  address, etc. are  always there.

Any experienced users of this software have any ideas?

I think I'm ready to roll with these settings and try my first posts to contact forms..

Using proxies now,  yes. Altho I did try it initially without for scraping, with very, very  conservative settings.

Have to set up any CAPTCHA solving.  Wanted to answer manually, and that's how I will begin, but I know I will quickly want to use a service, of which I have tested a few so far with SER.

Sven

Well it's actually no email you send but a message through a contact form. Sure most of these messages end up in an inbox on an email account but thats something you can not know.

If the website owner does not ask for address data, then what can you do?

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But then again, it does not hurt to add one line with a short address details at the end I guess. Let's say what @loopline has to add for this.

Deeeeeeee

Hmm...So do I need to include the CANN-SPAM warning? 

I guess I actually don't need to go there and say all that if it's not ACTUALLY email on my end??

I am going to wait before starting sending.

loopline

@Sven @Deeeeeeee

I always include an address. 

My clients have spoken with US attorneys and the consensus is that if the message is sent from the website to an email inbox then its possible it could fall under CAN SPAM if it went to court. 

So while Sven is correct, you can't know whats going to happen and you are not sending it, the court may not necessarily care, law is somewhat subjective to the interpretation of the Judge. 

So its such an easy step to include a physical address, I do it just to be compliant.  That way there is zero issue. 

You can skip it if you want and if you don't live in the USA it would be harder to deal with anyway, but its so easy and it makes it a non issue, why not just do it? 

I stay CAN SPAM compliant as I live in the USA.  But I stay GDPR compliant too and I don't live in Europe.   Its just so easy, why wouldn't I?

Deeeeeeee

Good advice and perspectives from both Sven and Loopline. Thanks guys.

OK...I guess I see it matters where you're doing business from. 

I imagine that the volume I plan to mail might matter, too? For smaller projects, is this really an issue, though? 

What judge would get upset about a few thousand (or tens of thousands of) contact forms, some of which may or may not be e-mail driven?  I guess that's Loopline's point: I don't want to find out. lol

But it seems that the particulars of the project might affect one's choices: Larger-scale campaigns, I'd say it seems wise to place the address.

Maybe it is, too, for even the smallest of campaigns, if you're a US resident or the businesses you're promoting are in the US.

I have to re-read the law. My test form (haven't sent yet) has an address, phone, and notice that it IS an ad or promotional correspondence. If I don't need any of those three elements, maybe I'd scrap the SPAM warning. It makes it *SEEM* spammy when, I assure you, it is not. The phone and address are OK and add legitimacy...

"...the court may not necessarily care"

True; best to just avoid that, then,,,

"But I stay GDPR compliant too"

I am upset about having to add an extra click to the user experience for the cookie warning.  I put it on a few sites, so far, but as I'm not in Europe and don't really have sites dealing with those markets, really, I feel it's not needed.

I notice e-bbbay doesn''t use this on their US site. Neither does Am-mmmazon for US viewer.

Hmm...Maybe make the cookie warning   for .de, etc. domains (easy)  and IP ranges (less easy)?

Deeeeeeee

From CAN SPAM Act:

"(1) If an electronic mail message consists exclusively of the commercial advertisement or promotion of a commercial product or service, then the “primary purpose” of the message shall be deemed to be commercial."

Sooo...If you spend your time educating people, and only present your service as a secondary aspect of the e-mail, it isn't covered.

I mean, clearly, you must be truly informing people, but beyond that, it's clear.

The text does further clarify:

"...(2) If an electronic mail message contains both the commercial advertisement or promotion of a commercial product or service as well as transactional or relationship content as set forth in paragraph (c) of this section, then the “primary purpose” of the message shall be deemed to be commercial if:"

...and then goes to to qualify those terms. 

While there is no possible way you can have "transactional" messages with someone you never did business with, through all this, EDUCATIONAL content to edify and inform the consumer, is not yet mentioned. 

I shall read on...though the implication (so far!) is, if it's NOT primarily commercial, and the sender ALSO follows the criteria set forth in part 2i,2ii, and 3i, and 3ii, I can't (yet) see how you would fall under CAN-SPAM...