Folks,
We're trying to navigate the legal situation of having our email lists "pre ticked" when someone lands on our e-newsletter subscription page.
From what we're reading on the ACMA website, it would appear that the web user should have to tick the box/es they are interested in rather than having to uncheck the boxes against the ones that they're not.
Are we reading this right? What are the views of other Australian organisations? From a quich search, I see that most of our peer organisation would appear not to think that there is an issue!
Martin
Hi Martin,
I'm not from an AU organization, but I do know that these types of things can depend on the terms of use/best practices outlined by your email service provider. We are moving from Mail Chimp to WordFly and I asked WF this very question. WordFly says:
"Part of having great customer service is being kind to your subscribers. Allowing subscribers to check the box to opt-in to your email program is really the only way to achieve that. Pre-checked opt-in boxes—especially when hidden in the purchase path—lead to higher rates of unsubscribing and spam complaints down the road. Be kind and let your subscriber decide if they want to opt-in."
So,while not necessarily illegal, it may not be considered best practice or supported by your ESP.
Hope this his helpful!
Yep, you're correct - you should have the buttons unticked. The user should have to take action to opt-in; silence doesn't constitute consent.
Meg