EquityWise

With all due respect to the consumer, his opinion does not conform with the laws of the United States While we do not have enough information to contact the third party that sent him one of our offers to verify his oto receive such offers, we would happily provide it given the opportunityThe CAN-SPAM Act of 2003, the Federal Law regulating email commercial messages, does not require an ofor a consumer to receive an advertisementThe consumer himself confirms we identified the sender of the email, and makes no claim that the subject line or email body misrepresented the offerThe email contained both an opt-out link and a physical postal address he could write to, to opt-outOur records indicate he made no such attempt The third party sender was contractually obligated to only send approved creative which conforms with this law regulating commercial email messages, which by the consumer's own account, this did or he would not be able to identify the advertiser His claim is baseless except for the fact he was inconvenienced for receiving an emailHe spent more time complaining than making any attempt to opt-out of receiving such advertisements, all of which we track using software designed for such purposesSPAM is typically sent by parties who are offshore and who do not identify the sender, which is why they are difficult to findAlso, not every email this gentleman receives is attributable to our companyWhile we are sorry he took such umbrage for our audacity in sending him a legal advertisement, his uninformed opinion is neither fact nor lawWe have since added this consumer to our global suppression list, something he could have done with a simple click of his mouse

As an advertising agency, EPD does not deploy or send any actual emailsWe arrange for our clients offers to be delivered by olist managers, to deploy our offers to their internal lists. The consumer's allegations of SPAM are baselessW=Our Publishers deploy Legal, CAN-SPAM
compliant emails that contain opt-out/unsubscribe links, as well our our physical postal address where a consumer can opt-out by mailBecause there are so many operating systems, web browsers, and often these are not updated, there are instances where the electronic opt-out will not workThis is why we include a postal address so a consumer can manually opt-out as wellWe maintain a list of several million consumers on our internal suppression list, so the assertion we do not honor these requests is also baseless. Further, SPAMMERS by definition are email from unknown entitiesLegal commercial emails however are emails in which the subject line conforms to the message or offer, and the sending company does not identify themselves in the email, which was not the case here or this complaint could not have been filed.We will confirm this consumer's email address is on our global suppression list so he will no longer receive our offersBecause he did not complete a form, we cannot identify which 3rd party has his email on their internal list of opt-ins. So while this consumer will no longer receive our offers starting within the next days as allowed by statute, he may receive other offers from the source he optor other sources. IF he would like our help in identifying the publisher who actually sent him this email, we would be happy to work with him to do so. He can email ***@epathdigital.com stating he needs our help identifying the publisher with his email so we can work with him to get him opted out at that levelWe always honor such opt-out requests. Revdex.com: We would like this compliant to be removed from our file as we neither did anything illegal, nor did we do business with this consumerThis is complaint is comparable to making a Revdex.com complaint against Ford because a consumer saw a truck TV commercialAdvertising, even by email, is still legal in the United States, and we only deploy legal commercial emails as defined by law, and the law allows for days for such email opt-outs to be processed. This consumer made no attempt to either call us or write us prior to filing a complaint

As a foundational understanding of the services Epath Digital offers the numerous brands we represent, we create and arrange advertising buys for a variety of products and services for our clientsAs an ad agency, we do not email market internally, so have never sent an email to this
consumer. We only arrange such advertising buys with 3rd party publishers, who deploy our creative to their own olists of consumers, after scrubbing their deployment from our internal suppression list of over million consumers who have previously opted-outWhat many people, and likely her child does not understand, is she or her child may be opting in to receive email marketing offers when they download free content or use various websites. If they re opt-in, it would invalidate a previous opt-out. Without the actual email she received, we have no way to investigate this further. Our company is both aware and complies with the Federal CAN-SPAM act of as well as the various California Business and Profession codes that apply to email. Further, all third party companies we hire are contractually obligated to both comply with these state and federal statues, as well as scrub their internal olists prior to deployments against our global suppression list. This consumer does not state if they opted out globally, or just to a particular offer, which would allow the third party to send other unrelated offers. We have added this email address to our global suppression list at this time, but it is important that her child does not oagain to receive such messagesSPAM, by its very definition, is sent by an unknown sender, yet our email creative contains our company name as well as a physical postal address that allows a consumer to opt-out, in the event the opt-out link it not workingLinks sometimes do not work if a consumer's operating system is not up to date, or for a variety of other technical reasons, which is why we include and monitor a physical postal address for consumer opt-outsIt is never our intention to send any consumer who does not wish to receive legal commercial messages an emailThis is how the consumer was able to file this complaint against us, as we were transparent in whose offer they received. The consumer further states that she spoke to us on January 1, 2018, but we were obviously closed for the Holiday at that timeWe have no record of a phone call from this consumer. Further, our global suppression list is maintained by a 3rd party vendor, and all opt-out request are recorded with a date and time stamp, and our company has no ability to remove opt-outs from the log, although we can manually enter an opt-out requestThe historical logs for this email address show only one attempt at an opt-out on February 14, The law allows for days to process such an opt-out, and this complaint was filed four days later. Perhaps this consumer is confusing our company with other companies that may also be sending them emails, but we can prove we have never received a previous opt-out from this consumer, nor the contact she stated she made by phone on January 1, 2018. As a courtesy, we have confirmed that this email was already added to our global suppression list from the time the consumer made their opt-out requestThey should not receive any offers from brands we represent unless her child opagain. When using websites or downloading free content, it is important they read the form disclosures as well as thew websites privacy policy where how their data is used will be disclosed. Further, CAN-SPAM allows for no private right of action, nor did the consumer allow for the days allowed by law for for her opt-out to be processed, so we cannot grant her request for unwarranted compensation. As Epath Digital did not send the email that generated this complaint, nor that the assertions made by the consumer are either accurate or true, we request that this complaint be purged from our Revdex.com record, as it should have been directed to the advertiser that deployed the email

Epath Digital send no email messages itself, so this is not a customer of ours. We do hire 3rd party marketing agencies to send our offers to their olists, so it is possible this consumer opton websites owned by one or more of these advertising networksAll emails sent on our
behalf are contractually required to be CAN-SPAM compliant and have an unsubscribe link as well as a physical address in which a consumer can write to opt out if they no longer wish to receive emails. Some people who uses older devices or not current operating systems may have issues translating the code for the unsubscribe link making it inoperable, but we test these links on many platformsWe honor all opt-out requests, and receive them dailyWe are unclear why this consumer could not opt-themselves out despite numerous ways they could do so, including a physical letterIt's baffling that a consumer can find us on the Revdex.com to write a compliant, yet could not find our address on the many emails she is alleging she receivedA simple note to us could have accomplished her goal.We would be happy to add this consumer to our global opt-out list if she will provide all the email addresses and phone numbers she wishes added to our do-not-contact listShe must remember however that she may be subscribed to multiple lists, and that unsubscribing will only filter emails sent on our behalfAll of our 3rd party marketing companies are required by contract to download and scrub their databases with our unsubscribes prior to sending any legitimate marketing messages

With all due respect to the consumer, his opinion does not conform with the laws of the United States.  While we do not have enough information to contact the third party that sent him one of our offers to verify his opt-in to receive such offers, we would happily provide it given the opportunity. The CAN-SPAM Act of 2003, the Federal Law regulating email commercial messages, does not require an opt-in for a consumer to receive an advertisement. The consumer himself confirms we identified the sender of the email, and makes no claim that the subject line or email body misrepresented the offer. The email contained both an opt-out link and a physical postal address he could write to, to opt-out. Our records indicate he made no such attempt.  The third party sender was contractually obligated to only send approved creative which conforms with this law regulating commercial email messages, which by the consumer's own account, this did or he would not be able to identify the advertiser.  His claim is baseless except for the fact he was inconvenienced for receiving an email. He spent more time complaining than making any attempt to opt-out of receiving such advertisements, all of which we track using software designed for such purposes. SPAM is typically sent by parties who are offshore and who do not identify the sender, which is why they are difficult to find. Also, not every email this gentleman receives is attributable to our company. While we are sorry he took such umbrage for our audacity in sending him a legal advertisement, his uninformed opinion is neither fact nor law. We have since added this consumer to our global suppression list, something he could have done with a simple click of his mouse.

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
Regards,
This company is full of crap. I suggest they read the Can Spam act ( if they know how to read) & read the FCC laws on spam. I do have other things to do than have to deal with useless companies who send UNSOLICITED email.If they abided by law ,we would not be doing this. STOP SENDING SPAM. THIS CONVERSATION IS OVER. I ALREADY NOTIFIED THE FCC & CONSUMER AFFAIRS.

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.Company needs to blacklist clients who are spamming, phishing and sending adult content.
Regards,
[redacted]