I ordered a product from Nashbar in Spetember 2008. It signed me up for thier daily sometimes twice daily email offers. Around the 15th of May I decided I wanted to opt out of these messages, so I clicked the link in the emails, followed the directions and had no errors. However, I continued to receive the email messages and continued to try and opt out. I also used their contact form online around the first of June. I still received the messages. FInally, I sent an email to their customer service email address stating they are in violation of the CAN-SPAM Act of 2003.
This was the message I sent them:
To Whom It May Concern,
My email address [email protected] continues to recieve what are now unsolicted email messages from BikeNashbar. I have once attempted to contact you via email and I have unsubscribed several times using the unsubscribe link in the emails within the end of May up to this date. However, I contunue to receive messages from Bike Nashbar. Since I have yet to recieve a reply in more than a week and I continue to receive messages I am filing a complaint with the FCC for violation of the CAN-SPAM Act of 2003 I am also filing a complaint with the BBB, complaint and I will consider consulting a lawyer.
Currently you are in violation of the CAN-SPAM Act of which states the following for commercial emailers.
It requires that your email give recipients an opt-out method. You must provide a return email address or another Internet-based response mechanism that allows a recipient to ask you not to send future email messages to that email address, and you must honor the requests. You may create a "menu" of choices to allow a recipient to opt out of certain types of messages, but you must include the option to end any commercial messages from the sender.
Any opt-out mechanism you offer must be able to process opt-out requests for at least 30 days after you send your commercial email. When you receive an opt-out request, the law gives you 10 business days to stop sending email to the requestor's email address. You cannot help another entity send email to that address, or have another entity send email on your behalf to that address. Finally, it's illegal for you to sell or transfer the email addresses of people who choose not to receive your email, even in the form of a mailing list, unless you transfer the addresses so another entity can comply with the law.
Seeing that my last email submitted via online form was ignored or not replied to, and I have tried on SEVERAL occasions to unsubscribe my address within the past month or so (and recieved no errors on the website). The first attempts at unsubscription were more than 10 days ago thus you are in violation of these parts of the CAN-SPAM Act of 2003.
Overall, this is a very poor and unprofessional business practice. I am aware that this company has quite the reputation for poor customer service and even spam email messages and the inability to fix these issues along with other customer service issues according to customers who have posted around the internet.
To this day I continue to receive messages from Biek Nashbar.
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