Wineries Scrub E-mail Addresses

THANKS TO E-MAIL LAWS IN Michigan and Utah, wine lovers in those states are having a tougher time learning about California wines.

Fearing they could be sued by consumers for purported violations, some California wineries have started scrubbing their e-mail lists of addresses of anyone in those two states.

Utah's so-called child protection e-mail registry was implemented in mid-August. Michigan's has been held up because the law mistakenly put a ceiling on the price that's too low to make a registry viable (Direct, Sept. 1).

Both allow registration of e-mail addresses and other “contact points” used by minors. They also require marketers that sell products which are illegal for minors to buy — including alcohol, tobacco and gambling services — to scrub their lists of names on the registries every month.

“Most of these wineries are small, and trying to spend the time and money to get the five Michigan names off their lists by running them through their to-be-determined scrubbing system is not worth it,” said Bryan St. Amant, CEO of VinterActive, a Windsor, CA marketing agency for more than 20 wineries.

Instead, St. Amant is creating a suppression file so his clients can avoid e-mailing people who live in the two states. “I'm not deleting them, because hopefully in the near future we can start mailing to them again,” he said.

The winery owners fear a situation similar to what happened under the Americans with Disabilities Act about five years ago, St. Amant added.

People in wheelchairs visited the wineries, found minor violations of the act, and had lawyers send letters saying they would sue if the winery didn't settle with them for some amount.

“I think the average settlement amount was $5,000,” he said. “It was a total shakedown. There was one guy who sent out 300 letters.”

The new Michigan and Utah laws also allow individuals to sue over violations. St. Amant is concerned that “someone from Michigan could decide to take a trip to California for the very purpose of signing up for as many e-mail lists as possible,” then send legal letters.