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Frequently Asked Questions

Which states require Opt-Out?

Some bozos would have you believe that as long as there is an “Opt-out” mechanism that their bulk email is not spam. This is the lie that spammers perpetuate in an attempt to avoid prosecution under certain state’s spam laws. There are several states that are unwittingly legitmizing spam by including provisions for “Opt-out Instructions”. My question is this: “What difference does it make if you can Opt-out of something or not when you never opted in to begin with?

Here is a list of the states that currently make spam containing “Opt-out Instructions” at least partially “O.K.”:

While many of these states also insist that the reply address be a working address as well as insisting that the email contain valid contact information, what many of these states “Don’t Get” is the fact that even if the spammer that sent the spam “honors” the opt-out request he will just turn around and sell your email address as a “CONFIRMED OPT-IN” to all of his other spammer friends.

The author of this web site has done extensive research regarding the effectiveness of “Opting-Out” and found that 90% of the time (or better) opting out just resulted in more spam from other sources. Legitmizing spam by providing for “opt-out” instructions is just plain stupid.

Here are all of the states that currently have some type of spam law (in blue):

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