CAN-SPAM newsletter violation - incentives to transact away from ebay (future)!

[esmoka]

I just made a purchase form a seller and within seconds I received an email to my paypal email address (which is different from my ebay email address) welcoming me to the seller's newsletter!  The email's purpose was to thank me for subscribing AND to invite to to their website to purchase other items, including a % off promo code as an incentive (which probably is against ebay seller rules, but not sure).

I hit the unsubscribe link at the bottom of the email to opt-out of the newsletter.  That took me to a legitimate, well-known email newsletter service's opt-out page that is not associated with ebay.  So this is the seller's personal newletter, not tied into his ebay account.

I believe what is happening is they are processing ebay orders thorugh their ecommerce platform and have it set to automatically opt-in all buyers using the buyer's paypal email address, which is oart of the order data that get's sent to their ecommerce system/platform for order processing.

I know opting someone into your newletter without their consent or knowledge is against USA CAN-SPAM laws (and therefore considered SPAM/UCE).  You have to get consent at checkout or through an opti-in form and if opt-in is declined the only emails you can send the customer are order-/account-related emails - no promotions or general "news".

Since this is against the law, I am guessing it is also against ebay seller rules to engage in SPAM/UCE as a result of an ebay transaction.  But the fact that they are  doing this in conjunction with incentivising future purchae therough their own site, this HAS TO BE against ebay's TOS.

So what is the best way to go about reporting this to eBay or should I even bother?

I am thoroughly surpriced and even somewhat disgusted.  I don't want to name the seller just yet as I'm not sure if it's a good idea or if you all accept such behavior.

[chrysylys]

Stop in to the Weekly Chat in about a half hour ---  link at the top of the front page of this board.

[retrose1]

That is no different than a seller packing a business card in with the order with the sellers other selling sites, or a flyer about their website.  ebay got the sale, no one is asking to take it off ebay - what they are doing is asking the buyer to continue to shop with them away from ebay.   Something I am very sure Toys R Us or the daily deal companies are doing, data mining a address list from people they know are buyers.

Since ebay sells our data to the big companies, there is nothing wrong with that in ebay's eyes as long as ebay is making money off it.  The only problem is if the seller has the items listed on ebay and on another site.

[mrv71]

I noticed everybody does this now, not only eBay sellers - illegally subscribe you to their unwanted newsletters. I'm so sick of it, you have to jump through hoops to unsubscribe, and sometimes it doesn't work, you have to complain to the company.

[esmoka]

I do about 95% (he||, maybe even 99.5%) of my shopping online.   No comapny, small or large, has ever done this to me.  Why?  Becuase it is acatually against CAN-SPAM laws and they risk getting their newsletter service shut down and therefore lose all their subscribers (no legit newsletter service will allow you to import subscription from another account - not Aweber, not Get Response, no one). 

Buyers/website visitors MUST opt-in to a newsletter via an opt-in form for via checkout mechanism in order to receive any promotional emails.  Not only did I get opted-in without my consent or awareness, I was also sent a promotional email.  The only thing this seller did that WAS in-line with CAN-SPAM was that they gave me the option at teh bottom of the email to opt-out.  But I suppose that was only because they are using a legit newsletter service.  Otherwise, that opt-out link would not have been there.

I have decide to report them to their newletter service provider.  Alerting ebay would probably be fruitless anyhow.  But newsletter service providers take this seriously as it put their company at risk.  I know, I used to work for Aweber years ago.

Thsi may very well be an oversight on the seller's part.  They may have an option on their ecom platform to automatically opt0in paypal addresses, but they can learn from their folly from their newletter service provider.

[esmoka · Accepted solution]

Thank you for your opinions.  I have decided to take this directly to the newletter service the seller uses.  Not bothering with ebay.  I know where that will go.

[gramophone-georg]

Where did you ever  get the notion that contacting a buyer with other promotions is against the law???

You should read up on this law you are quoting:

https://www.ftc.gov/tips-advice/business-center/guidance/can-spam-act-compliance-guide-business

Sounds like if they gave you a working opt out link, it's not "against the law" at all. the eBay blue in the Chat thread was mistaken about this as well.

[esmoka]

UCE...look it up.  Legally speaking, I bought from ebay and paypal, not the buyer.

Promotional email, therefore = UCE.  End of story.

But thanks for your time & opinion.

[18704d]

You can use Feedback to Warn future buyers about their practice.

fwiw,

Lynn

[esmoka]

Just heard back from Mailchimp, abuse team. They agreed that the practice of no opt-in was against the law. They apologized and said they will investigate the merchant's list to make sure this isn't how the merchant commonly collects emails for newsletter distributions. If they find that it is, they will "take action".

[gramophone-georg]

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@esmoka wrote:

UCE...look it up.  Legally speaking, I bought from ebay and paypal, not the buyer.

Promotional email, therefore = UCE.  End of story.

But thanks for your time & opinion.

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You bought it from the SELLER. eBay and PayPal have no inventory.

That's like saying you bought your car from the company the dealership rents the building from... or that you bought your house from the title company.

[gramophone-georg]

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@esmoka wrote:
Just heard back from Mailchimp, abuse team. They agreed that the practice of no opt-in was against the law. They apologized and said they will investigate the merchant's list to make sure this isn't how the merchant commonly collects emails for newsletter distributions. If they find that it is, they will "take action".

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No opt IN? You must mean no opt OUT... yet you said there was in your OP.

[rainbowcolorz]

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@esmoka wrote:

Legally speaking, I bought from ebay and paypal, not the buyer.

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Don't you mean you purchased an item FROM a Seller ON eBay?  And then paid the Seller via your PayPal?