Question

Topic: E-Marketing

One-time Opt-in Invitation?

Posted by Anonymous on 250 Points
I'm hoping to settle a debate in my office.

We collect customers' email addresses at the time of purchase so that we can email them confirmations (definitly a transactional email). We also ask if they want to opt-in for commerical email at the same time.

If they do not opt-in at the time of purchase, is it legal to send them a one time email invitation at a later time, asking them in they want to opt-in now?

Thanks!
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RESPONSES

  • Posted by michael on Accepted
    Yes. It is legal. Just make sure you are following CAN-SPAM laws which are pretty basic. These are my paraphrasings

    1) Honestly identify the subject of the e-mail
    2) Have your physical address listed in the e-mail
    3) Have your phone number listed in the e-mail
    4) Give them an easy way to opt out
    5) Confirm their desire to opt out with an e-mail
    6) Make sure you DO eliminate them from your files

    The other side of this, apart from legal, is just good business sense. If they bought something from you in 1998, don't assume they're customers.

    There have been some writing about collecting customer e-mails and basically it's best to have the customer WRITE their e-mail on a page that says "providing your email is an acknowledgement of that we can contact you via e-mail blah, blah, blah and we won't sell your e-mail blah blah blah.

    Hope this helps get past those who are afraid to use a medium they don't understand.

    Michael
  • Posted by Don Meyer on Accepted
    Since your email to ask them to subscribe to commercial email (or update their profile may be a better way to say it) is not in and of itself a commercial email, you can send it. Complying with the CAN-SPAM rules by including your address and opt-out info is just courtesy and good common practice for the non-commercial emails.

    I'm not a lawyer, but here's some info from one...

    Read more about CAN SPAM legislation...
    https://info.asaenet.org/pdf/FAQonSpamLegislation.pdf
    OR
    https://www.venable.com/publications.cfm?action=view&publication_id=1172&pu...

    Chook
  • Posted by darcy.moen on Accepted
    In Canada, you would be breaking the Privacy Act laws.

    The email list must be discarded if you change the purpose for which the information was gathered.

    But, there is a bit of wiggle room, or room for interpretation. You could include an offer in your outgoing message as long as the rest of the message conformed to the initial use for which the list was compiled.

    An example: you gathered email addresses of customers who bought oil changes. You email out newsletters about oil changes to this list once every six months. In the next email blast of your newsletter, you add an offer into your message offering folks who wish, can clikc a link to sign up for your new car wash news letter you are starting. That is legal in Canada.

    What is not legal, is to email the entire oil change list a message offering everyone to sign up for your car wash list.

    Fine lines eh?

    Check with legal council too, k?

    Darcy Moen
    www.customerloyaltynetwork.com

  • Posted by ROIHUNTER on Accepted
    jlibrizzi,

    As I understand your statement "If they do not opt-in at the time of purchase, is it legal to send them a one time email invitation at a later time, asking them in they want to opt-in now?" the answer would be no if they did not opt in at the POP.

    Legitimate follow-up emails to a purchase are legal. Within those communications (Thank You Note - day 1, Satisfaction Survey - day 10, Improvement Suggestion Survey - day 30, etc.) you may continue to suggest / promote the sign-up for the newsletter. In fact, assuming they are happy customers, that is the best time to 'sell-up' the reasons for becoming a subscriber with all the appropriate hitches. (not to mention all the other cross-sell opportunities you might consider)


    I hope that helps,

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