Back in May, on another blog I lamented that Cypress Gardens Adventure Park continued sending me e-mails even though I requested to be removed. To recap the story:

As a previous annual pass holder at Cypress Gardens I receive the standard e-mail 'updates' from Adventure Parks (the parent company). I don't hold a pass anymore but the rest of my family does, so my wife also receives the same updates. On January 12, 2006 I received a bulk e-mail message from Cypress Gardens. I followed the instructions at the bottom of the message and asked to be removed by e-mailing mailer@adventureparksgroup.com.

Since the passage of the CAN-SPAM act all commercial bulk-email must offer the ability to opt-out as well as some other provisions. According to just one portion of the CAN-SPAM Act:

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.

Violating this will bring:

Each violation of the above provisions is subject to fines of up to $11,000. Deceptive commercial email also is subject to laws banning false or misleading advertising.

On March 24, 2006 I received another bulk e-mail message. I once again asked to be removed and also e-mailed pr@cypressgardens.com to let them know that they had not honored my previous (Jan 12, 2006) request.

You know where this is going right? Well yesterday, May 4, 2006 I received yet another bulk e-mail from Adventure Parks. On the surface it's a violation of the CAN-SPAM act. So what should I do?

In early July I still continued to get the e-mails. I attempted to contact Lynn Wright, the new PR person and had to follow-up with her to finally get a callback. She assured me that I would be removed at once.

Guess what? Since the phone call I have received two more updates. The most recent arrived today.

Is this petty? Perhaps, but what do I have to do to get off this list? I've asked 6 times via their 'opt-out system' and then finally had to call their PR person, but nothing has worked.