On 5/28/19 13:21, Brett Schenker via mailop wrote:
Two real world examples would be elected officials to be contacted and some corporations to be contacted. The former absolutely has reasons to be bulk emailed, the latter possibly too. Both would be "published" email addresses. For your average person, probably not but it's not a hard 100% rule as stated.
Elected officials publishing their addresses for constituents to contact them aren't likely to get much in the way of bulk email from ESPs. Constituents are going to write directly regarding a specific concern.
Elected officials and those running for office scraping email addresses from DMV records and those poor souls who don't understand the consequences of putting an email address or phone number on a voter registration form WILL use ESPs and robodialers[1] to spam their constituents back to the stone age.
In many areas, DMV and voter registration forms do have a place for phone number and email address. Permission for anyone other than DMV officers or election officials respectively to use that address can never be reasonably implied. M3AAWG sums it up as follows: "When a person gives a company, a group, or an individual permission to market to him or her, that permission is provided exclusively to the party in question."
[1] Politicians conveniently exempted themselves from the provisions of the TCPA.
-- Jay Hennigan - j...@west.net Network Engineering - CCIE #7880 503 897-8550 - WB6RDV _______________________________________________ mailop mailing list mailop@mailop.org https://chilli.nosignal.org/cgi-bin/mailman/listinfo/mailop
