Question

Topic: E-Marketing

Have To Offer Opt Out When First Collecting Info?

Posted by Anonymous on 6/6/2011 at 1:29 PM ET 250 Points
In an effort to collect names, mailing, and e-mail addresses while marketing at local health fairs, I am offering people a chance to win a gift basket. (Not very original, I know.)

I need to know if I am required, by law, to give the entrant an opt-out option for e-mail and regular mail on the gift basket entry form?

I am familiar with the CAN-SPAM Act for when I finally get to e-mail them, but what about at the initial collection of their information? Am I required to give them the chance to opt out when they enter the contest, or is that just a courtesy at that point?

Thanks for the help.
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RESPONSES

  • Posted by mlang on 6/6/2011 at 1:44 PM Accepted
    Hi - The last class i took on email marketing indicated that in the U.S. you are given tacit permission once someone provides you their email address. Your legal obligation is to offer them the opt out. However, this class also went on to state that you get better results by having people opt in. We've been adding people to our list at trade shows by having a check box on thelead card asking if they would like to reiceve the monthly e-newsletter. Most people check it off as yes and to date we have had very few opt outs and a higher than normal open rate for our industry. Of course, our list is on the smaller side than if we used all emails we receive, but it is targeted to people who want to stay engaged and has been successful as a lead generator when introducing new products. Hope this helps .
  • Posted by Gary Bloomer on 6/6/2011 at 5:32 PM Accepted
    Dear Teresa,

    Short answer: Yes.

    Always give people an opportunity to opt out because technically, unless they've filled in a form on your website and confirmed that they want to hear from you—technically,
    if they haven't done this then they never opted in. So by not offering an opt out, ANY e-mails to them could be classed as SPAM.

    Gary Bloomer
    The Direct Response Marketing Guy™
    Princeton, NJ, USA
  • Posted by michael on 6/6/2011 at 9:44 PM Accepted
    We overthink this stuff. If you put a place for the email and the phone number and they provide an email they would have a hard time trying to convince someone that they didn't give you permission.

    Michael
    PS I don't play an under-worked lawyer on TV either
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