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Subject: RE: UKNM: Opt-in/Opt-out Boxes
From: David Hughes
Date: Tue, 5 Dec 2000 12:01:58 GMT

Few points on this:

1. Harnessing the power of consumer inertia in one's favour is not
necessarily a bad thing...book clubs make a living from it, as do many other
"contact us to cancel your subscription" services. The issue is that we may
gain people's trust and confidence by default since they have not positively
acted to indicate their willingness to participate in a dialogue...cynics
may say that the consumer may not have actually seen the opt-out copy and so
that "doesn't count"!

2. It comes down to why you are asking people to enter a dialogue. In an
earlier life I worked for a lifestyle database company where reducing the
opt-out box completion (off-line on lifestyle surveys) became a critical
business objective, whilst operating within the moral and legal restrictions
that prevail. Any company anticipating revenue generation from their
registration list may want to go down the "pre-checked non-opt-out" route
because you will lose few visitors in the conversion process and end up with
more mailable records and loads more money.

3. Permission opt-in has to be the way forward because it gives control to
the consumer. If they want to hear from you they let you, but if you're not
interesting or relevant they can cancel that permission. E-mail marketing
then becomes a positive part of the brand/company promotional process, not
something to tip-toe around self-consciously!

4. There are a growing number of "negative opt-out" lists available for
rental. They exist because demand for mailable external lists outstrips
supply. Despite the activity of Yoptin, Myoffers and the like, the volumes
of permission opt-in lists remain low compared to the on-line world, and so
companies will feel the need to use the "non-opt out" alternatives. (NMA
30.11.00 page 57 for more)

5. The Data Protection Act regulates collection of consumer data and it has
sharp pointy teeth to bite those who break it. I recommend that people take
legal advice before getting involved in any serious data gathering,
especially if they intend to sell it on to third parties. In these
circumstances you need to be aware of running the right "notice" at the
right point in the data gathering process and if you are collecting
"sensitive" data (e.g.health, religion) that carries even more compliance
requirements. Gathering and mailing "Non-opt out" is not illegal, it's the
Anti-SPAM lobby and the lack of an explicit consumer relationship which
makes it's use a riskier strategy.

Lots of words for a Monday...I'm off to buy a new typewriter ribbon.

David Hughes
Group Account Director
E-Mail Vision UK Ltd
www.emailvision.com

-----Original Message-----
From: owneratchinwag [dot] com [owneratchinwag [dot] com]On">mailto:owneratchinwag [dot] com]On Behalf Of Alberts,
Rob
Sent: 01 December 2000 12:30
To: uknmatchinwag [dot] com
Subject: Re: UKNM: Opt-in/Opt-out Boxes


Hi

Dear A+S, while I agree that opt-in is the way to go, on what basis is your
view that pre-ticked opt-out boxes are "frowned upon". I'd really like to
know because we want to avoid the same pitfalls. Is there any research, it
it ethics, or is it more a home(page)truth?


Date: Wed, 29 Nov 2000 15:51:27 -0000
From: "Andrew Petherick" <andrewatmailtrack [dot] com>
Subject: Re: UKNM: Opt-in/Opt-out Boxes

Opt out boxes are really frowned upon when the box is already ticked 'Yes'
for the person to receive information. Also, if the opt out box is hidden,
then recipients think they're being spammed. Opt-in is the only truly
ethical way of collecting data online (without pissing people off!)

- ----- Original Message -----
From: Sarah Thomas <sarah [dot] thomasatfirebox [dot] com>
To: <uk-netmarketingatchinwag [dot] com>
Sent: Wednesday, November 29, 2000 2:43 PM
Subject: UKNM: Opt-in/Opt-out Boxes

> Hello
>
> Can anyone clear up this query for me?
> What are the legal requirements regarding opt-in and opt-out boxes. Even
> though opt-out boxes are more effective, I've heard that they are frownd
> upon.
>
> Cheers
> Sarah


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