For a tell a friend email and spam, does the domain name being referred need to be the same as the website it is referred from?

Asked almost 2 years ago - New York, NY

I am sending a "tell a friend" email online. The header of the e-mail will say domain A and have link A in the e-mail body. However, the site where the user inputs their details to do the sending is on domain B. Is this ok, or does it need to be domain A throughout again? The difference happens because my mail sending is on a separate domain from everything else. Thanks in advance

Attorney answers (3)

  1. Barry Franklin Poulson

    Contributor Level 20

    4

    Lawyers agree

    Answered . If you are getting into the spam business, you need to consult an attorney. Prosecutors gain great popularity in prosecuting spammers. Everyone applauds, because everyone hates spam. If you spoof the domain names, it looks suspicious. I think you should consult with a networking engineer and an attorney. I have a colleague, a retired attorney, who makes a good living in suing spammers under the canned spam act.

    We do not have a client/attorney relationship until you make an appointment, we discuss your case face to face, I... more
  2. Scott E. Chapman

    Contributor Level 10

    3

    Lawyers agree

    Answered . The CANN-SPAM Act governs this activity. What you're doing is pretty specific, so you will need to consult with an attorney. You can gain some information doing a general search of the CANN-SPAM Act Summary. Therein you may find your answer too. Good Luck!!

    The recommendations in this answer are not considered legal advice for the purposes of ethical, legal and... more
  3. Harry N. Konst

    Contributor Level 12

    1

    Lawyer agrees

    Answered . Yes, from your facts, it appears that you would be governed by the CANN-SPAM Act. Consult an attorney to understand all the ramifications of your proposed actions.

    I am not your attorney. Contact an attorney for advice immediately.

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