Traditionally, retailers have compiled lists of past and current customers to send them notifications of upcoming sales and special offers. On eBay, it is not clear whether that practice is allowed. eBay has in the past suspended accounts of sellers who have sent unsolicited emails to users, even when those users have made a previous purchase from the seller.

eBay states in its Privacy Policy that its members may not send unsolicited, commercial email to other eBay members. But it also goes one step further: in August, eBay suspended members who used AuctionContact.net, an email list-hosting service. At the time, eBay spokesperson Kevin Pursglove told AuctionBytes, "eBay removes any listing or may suspend any account that solicits email addresses." http://www.auctionbytes.com/pages/abu/y202/m08/abu0076/s05. This week, Pursglove told AuctionBytes, "An eBay user must "opt in" or otherwise grant their permission to be added to a mailing list or receive such an email."

This creates a dilemma for eBay sellers. Those who want to comply with eBay's anti-spam policy must ask customers if they want to opt-in to a mailing list. However, eBay could suspend those sellers just for asking the question.

Topica's recent announcement that its email publishers may now add eBay "ecommerce buttons" to their mass mailings (see related story in today's issue), puts eBay sellers in a quandary. Can they, or can they not, send emails to customers who are eBay members?

eBay spokesperson Kevin Pursglove did not say whether the Topica buttons were approved by eBay. A Topica spokesperson said, "We don't have an official partnership with eBay, but we worked in collaboration with the teams at eBay to develop this feature, which is eBay-sanctioned."

eBay also provides inherent features on its own site, such as "Mail This Auction to a Friend," that give sellers the tools to contact prospective bidders. However, a seller can also be suspended for using the feature if the recipient of the email reports them for spamming. Essentially, the recipient of the email defines whether or not the email is considered Spam, so it's a tool that sellers use at their own risk.

The question also arises, "Is it any less Spam if you send it to one customer versus 100?" The gray area that this issue resides in has given rise to automated Non-API licensed tools, such as AuctionBooster http://www.auctionbooster.com and BaymailPro http://www.hammertap.com/baymailpro/index.html. These tools find eBay members who have bid on specific items and send emails to them, pointing them to the sender's own auction. Essentially, these programs take a questionable eBay feature and multiply it exponentially. When apprised of the AuctionBooster tool, eBay's response was, "We consider this to be another form of Spam and we will act accordingly."

To many, eBay's confusing policies are also applied inconsistently, since many third-party, API-approved, eBay Preferred Solution Providers have auction-management tools for enterprises that include the ability to send targeted customer emails based on previous purchases, including Andale, AuctionHelper, Auctionworks, ChannelAdvisor and FairMarket.

eBay enforces many of its policies in a "self-policing" manner. It has often said it cannot review each auction for policy violations, but relies on members to report violations. This has in the past led to self-appointed "eBay Police," or users who turn in competitors for violations such as "keyword spamming." By suspending competitors who are selling similar goods, it gives these "police" a better chance of receiving higher bids on their own items.

Members also complain that eBay often "shoots first and asks questions later," pulling auctions before hearing the seller's side of the story. This makes it is easy to envision a scenario where users turn in competitors for sending Spam, even in cases where Spam may not have occurred. Other members complain of preferential treatment given to high-volume sellers.

The bottom line? If you are IBM or Motorola, you probably don't have anything to worry about. If you are not, use all email tools very, very carefully. After all, the "level playing field" that eBay espouses sometimes seems a bit slanted.