Question

Topic: E-Marketing

Negative Option Opt-out

Posted by Dane Robbins on 2/12/2009 at 3:26 PM ET 25 Points
I was extremely surprised to find a negative option opt-out e-mail message from Target Marketing in my inbox today. Negative option opt-outs, to my definition, are companies that send e-mail messages telling me that I will be added to a third-party e-mail list unless I unsubscribe from the message. I wouldn't be as disturbed by this message if I hadn't already formally told Target Marketing in multiple ways that I don't want to receive third-party marketing messages. One was during a telemarketing phone call asking me to re-qualify.

My question is the practice of using negative option opt-outs. Is this just shady, back-alley marketing or is it also a violation of CAN-SPAM (or both)? I suspect it is legal because I'm a subscriber of the print magazine, though I almost believe it should be illegal because I'm not interested in their electronic communications.

Any thoughts? I expect with a bad economy I may see more of these e-mails from other companies. I'm curious what others think.
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RESPONSES

  • Posted by kieran.donahue on 2/12/2009 at 4:03 PM Accepted
    If you have already opted out of 3rd party solicitation with Target then I think they can not turn your name over or make you have to opt out again. I attached a link that goes thru the CAN SPAM info. It does not state an example specifically about this subject per se but they (Target) are responsible for managing their opt out 's and that I believe falls under CAN SPAM.

    https://www.ftc.gov/bcp/edu/pubs/business/ecommerce/bus61.shtm
  • Posted on 2/12/2009 at 4:21 PM Accepted
    It's not clear if the opt-out email you received was by and for Target, or from a 3rd party with Target's imprimateur. If the former, I believe it is CAN-SPAM compliant as long as there is an intro as to why your are receiving the email and a clear opt-out of future activity. (Of course,if you have opted-out of such emails with Target, then they simply screwed up and are of course in violation of CAN-SPAM. But mistakes in processing opt-outs do happen, unfortunately--highly unlikely Target would knowingly do this.

    But bad economy or no, legit or no, opt-out blasts are counterproductive for the sender. It's a quick way to build a list, but not an engaged list, and I fight against it wherever I am. Ad sales people usually fight for such campaigns cause if they sell on circ or impressions, they think the more names the better. But a review of ad clicks usually dispels that myth. And you end up with a file full of garbage, those that--like so many--use the delete button instead of unsubbing or opting-out. Twas ever thus.

    If you received a 3rd party email after opting-out of them, then again it's likely a screw up, but that doesn't mean you should forget about it--they need to know something is amiss.

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