PR Spam Can Be Annoying, But It’s Not Illegal

Blogger and technologist Stowe Boyd has some harsh words for media list and monitoring company Cision. He likens the company to “spam mafia” and cites the case of Chris Kenton, a blogger who is very angry after Cision gathered his email address from his blog and added it to their media database, which is sold to PR and marketing professionals, all without his permission.

“The spammers cannot use a list without knowing the opt-in status. I think thay all are breaking the law,” said Boyd. Can PR spam be annoying? Yes. Is it illegal? No.

The FTC’s CAN-SPAM Act does not have an opt-in clause in North America, but it does have an opt-out clause.

“When it comes to the CAN-SPAM Act, the Supreme Court says it’s for commercial and business advertising. Is a press release commercial advertising? In my eyes what it is, a press release is a pitch, it is a client or a PR person that is trying to get a story placed or build a relationship with a journalist,” said Heidi Sullivan, VP of Research at Cision.

Sullivan also said, “you should you include unsubscribe link, absolutely, we encourage all of our cleints to do that.” One of the key points is that Cision can only guarantee an unsubscribe link if the emails are being sent directly though their system, of which many are not, as PR pros like build lists which they export to Excel or Outlook.

Certainly, Kenton has a point. You should be contacted before you are added to the database. PRNewser was contacted when we first launched, and opted to give our email address but not our phone numbers. But is what Cision does illegal? Nope.