We have emailed our data base with a sign up link to a brand new e newsletter and said if they want to recive it regularly to register.

Now we are thinking that we may want to e mail the whole database again with the box allready ticked to recieve the new newsletter.

BUT I am thinking that apart from the annoyance factor there is a legal implication here, am I right? 

Help gratefully recieved!

Hi Steve

Thanks for this...

On 14:27:36 29 November 2007 StevenWebster wrote:

Hi Nikki,

As far as I am aware there is no legal issue in what you are suggesting. I'm assuming that you will be emailing the new newsletter to your exisitng database, who have already opted in to receive email from you, rather than asking your existing database to subscribe to an email newsletter from a third party. If the latter is the case, then you may well find yourself on shaky legal ground.

Having the opt-in box already checked certainly goes against industry best practice and that's not something that you should ignore. Firstly, you will be seen by your existing base as engaging in "sharp practices" and run the risk of damaging your brand equity. Secondly, recipients that don't actively opt in are significantly more likely to report your mailing as spam, rather than opt out. Don't dismiss the ease with which a recipient can damage your email reputation, and thus your deliverability,  by clicking the "spam" button.

If you do go ahead with this, you MUST make every effort to draw the recipient's attention to the opt in box and advise them that they need to "uncheck" the box to opt out.

On a personal note, as someone involved in email marketing I hope you don't go ahead with this. It's these "questionable" decisions which damage our reputation as an industry and makes it all the harder for us to communicate with our bases.

Hope this helps.

Steve

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On 14:27:36 29 November 2007 StevenWebster wrote:

Hi Nikki,

As far as I am aware there is no legal issue in what you are suggesting. I'm assuming that you will be emailing the new newsletter to your exisitng database, who have already opted in to receive email from you, rather than asking your existing database to subscribe to an email newsletter from a third party. If the latter is the case, then you may well find yourself on shaky legal ground.

Having the opt-in box already checked certainly goes against industry best practice and that's not something that you should ignore. Firstly, you will be seen by your existing base as engaging in "sharp practices" and run the risk of damaging your brand equity. Secondly, recipients that don't actively opt in are significantly more likely to report your mailing as spam, rather than opt out. Don't dismiss the ease with which a recipient can damage your email reputation, and thus your deliverability,  by clicking the "spam" button.

If you do go ahead with this, you MUST make every effort to draw the recipient's attention to the opt in box and advise them that they need to "uncheck" the box to opt out.

On a personal note, as someone involved in email marketing I hope you don't go ahead with this. It's these "questionable" decisions which damage our reputation as an industry and makes it all the harder for us to communicate with our bases.

Hope this helps.

Steve

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