Sears violates CAN-SPAM act

Today, I received a commercial email message from Sears Home Services, a.k.a., Sears Holdings Corporation.  They got my email address when I made a service appointment through their Web site, which I subsequently canceled when it became clear that they were going to charge me more than a local repair man.

The email message contained no instructions for opting out of future commercial email messages.  This is a clear and direct violation of the Federal CAN-SPAM act (see requirement 5 in The FTC’s CAN-SPAM Act Compliance Guide for Business).

Here’s what the privacy policy on their Web site says:

Can I “Opt-Out” of Receiving Promotional E-mails?

From time to time, we may send you e-mails with promotional offers if you opt-in to receiving such emails. If you would no longer like to receive e-mailed special event information, sales notifications or other promotional messages from this web site, you can unsubscribe from this site’s e-mail marketing list by following the unsubscribe link located at the bottom of each promotional e-mail. Your e-mail address will be removed from this site’s email marketing list within 10 days.

Therefore, in addition to violating the CAN-SPAM Act, they also violated their own published privacy policy.

Their Web site claims that registered users can edit settings on the site to tell Sears “whether you wish to receive e-mail about special sales, promotions and other events.”  So I registered on the site, using the same email address they spammed me on.  When I looked at my profile after registering, it said that I’m not subscribed to receive any email from them.  Nice!

There are no instructions in their privacy policy for how to notify them about violations.

I’ve submitted a complaint to the FTC as well as submitted a complaint to Sears through their Web site.  We’ll see what comes of it.

This is one of several reasons why I won’t be letting anyone from Sears into my house to repair my appliances.

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3 Responses to “Sears violates CAN-SPAM act”

  1. Gary says:

    Thanks for your posting.

    Sears won’t “unsubscribe” me either. I have clicked on their “unsubscribe button” numerous times and on numerous days for over three weeks. NOTHING happens. They continue to send me daily e-mail ads.

    Any suggestions?

  2. Anonymous says:

    Seems like sears email spam is widespread. I am having the same issue. I’ve unsubscribed three times and I am still receiving emails from sears almost daily. Here is the FTC URL to file complaint.
    https://www.ftccomplaintassistant.gov/FTC_Wizard.aspx?Lang=en

  3. Marty from Modesto says:

    I get the spam from Sears also and I don’t EVER do business with Sears. I keep reporting it as spam but they must change their email address slightly to get it by the spam filter.

    The only thing I can think of is to boycot Sears for doing this and I am sure that you can find your products cheaper and better made at other venues. The old kemore brand is just a re-named GE or other regular brand now. So there is really no reason to shop at Sears. Their tools now are cheap Chinese stuff too.

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