Emailing Potential Domain Buyers

[Chris.C]

I was just wondering what are the legalities around emailing established website owners about potential domains you own that they might be interested in?

 

[DavidL]

Go for it, I say. auDA used to have a rule that you couldn't use whois details to send unsolicited commercial emails (such as an offer to buy) but they changed that last year ... although it still remains for resellers as we found out a while ago

So the issue is whether you are breaking any spam rules as per ACMA guidelines. If the email addresses are published on the website then that would be fine but I wouldn't like to say what the ruling is with whois emails

 

[neddy]

Absolutely no problem - provided that:

1. If it is a new registration, you have owned the domain for at least 6 months.

2. If you purchased domain on secondary market, time limit doesn't apply.

3. You don't spam. From a selling point of view, you would want to be personalising a sales email as much as possible. That's what I do.

4. I always put something like this as an opening paragraph:

" Please excuse me for contacting you "out of the blue", but I notice that you have the website xxxxxxxxxxxxxxxxxxx.com.au. I own the domain name yyyyyyyyyyyy.com.au and am interested in selling it.

I wondered if you might be interested if the price was right?"

(This is my latest strategy - and believe me I have tested a few. I don't put a price - the "if the price was right" comment tends to get lots more initial replies. Then you have got something to play with!).

5. I always close like this:

" If you are not interested in the domain name, I apologise for bothering you, and you won't hear from me again!".

Hope that helps.

Cheers, Ned

 

[GGroup]

+1 for both David and Ned.

You may also need to steely yourself for some of the less grateful responses.

 

[shags38]

phone first - your email may end up in the junk folder as spam or it may not get to the right person which is more likely the case - it is amazing the number of so-called marketing managers out there that are wearing blinkers and will poo poo the idea whereas the owner of a business may see benefit - so find out who would make such a decision.

Treat it no differently to making any sales call - qualify the prospect and then get an appointment (in this case permission to send the email which will be expected and hence read by the right person and in with the right frame of mind relative to the content).

 

[Nova]

If the email addresses are published on the website then that would be fine but I wouldn't like to say what the ruling is with whois emails

Just because a site lists an email address does not make it acceptable to send unsolicited email. I'd suggest to the OP, read the ACMA guidelines as it will ultimately govern what is an isn't SPAM in Australia.

 

[Bacon Farmer]

You'd have to be a pretty hard core spammer to get any serious rise out of ACMA. Here's a copy of a response to a complaint I made:

Mr Bacon Farmer,

Thankyou for lodging a report with the ACMA.

In order for us to look into this problem further could you please clarify if
you have had any previous association with these companies and if you have
tried to unsubscribe to the emails.

The ACMA can contact the business on your behalf and inform it of its
obligations under the Spam Act 2003. However, as you did not agree to the
disclosure of your electronic address the ACMA will be unable to have your
details removed from the mailing list.

If you would like the ACMA to request that you be unsubscribed from, please
reply to this email providing your consent for the ACMA to disclose your
electronic address.

If you have any queries about this matter, please contact me by return email.

Yours sincerely

Anti-Spam Team

Australian Communications & Media Authority

I love the bit about reminding them of their obligations under the Spam Act. Nah no prosecution, not even a nasty letter, just a polite reminder of their obligations pffftt.

 

[DavidL]

Just because a site lists an email address does not make it acceptable to send unsolicited email. I'd suggest to the OP, read the ACMA guidelines as it will ultimately govern what is an isn't SPAM in Australia.

Really? I'm no expert but I would have thought that a company listing their email address was inviting contact?

 

[Nova]

Really? I'm no expert but I would have thought that a company listing their email address was inviting contact?

It's a little bit of a gray area. Inferred consent is not automatic for a publicly available address. This link summarises how it works: http://www.acma.gov.au/WEB/STANDARD/pc=PC_310515

This link contains the general info on the ACT: http://www.acma.gov.au/WEB/STANDARD/pc=PC_310513

 

[neddy]

It's a little bit of a gray area. Inferred consent is not automatic for a publicly available address. This link summarises how it works: http://www.acma.gov.au/WEB/STANDARD/pc=PC_310515

That's a good link that you provided Nova. I have studied that before.

Provided you use common sense, I don't see how you can run foul of the Spam Act in terms of inferred consent. One of their examples spells it out:

If your business sells washers for taps, you cannot send commercial emails to all businesses with conspicuously published email addresses on the
assumption that they all need washers in their taps. However, you could send your promotional emails to plumbing supplies stores.

They also say:

With conspicuous publication, there must be a strong link between what you are promoting and the recipient's role or line of business.

So imho, if I'm selling a domain name cowboyboots.com.au, there is absolutely no problem in me emailing retailers of "Boots" provided their email
address is publicly available.

However, as I said in an earlier post, I do try and comply with the "unsubscribe" feature of the Spam Act by saying:

" If you are not interested in the domain name, I apologise for bothering you, and you won't hear from me again!".

P.S. One other really important point to note with regards the Spam Act. You must identify yourself in your email. In other words, don't just say "Regards, Chris"!

To me, that's not a problem, because it adds to the credibility of your message.