In a message dated 22/01/2001 14:28:45 GMT Standard Time,
[log in to unmask] writes:
<< Are you saying that on the first mailshot the subject is asked and then has
to explicitly opt-in for further mailshots to be send
(ie. no reply = opt-out). >>
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Generally speaking, yes. Although they can still opt in negatively. In
other words you can still have a box for them to tick to opt out but if the
form doesn't get returned you don't have consent. It will be very difficult
to have a "write and let us know" policy - how long would you wait to give
them an opportunity to opt in/out?
Until it is sorted out in the courts I suspect that many organisations
already in possession of an old electoral register will (for the time being)
rely upon the maxim of sending junk until the person specifically opts out
(I'd hope they subscribe to the MPS, though. The new elec reg system will
allow people to opt out form the outset.
Of course, you could always try the "disproportionate effort" defence if your
mailshot is not likely to yield much in the way of profit. But then why do
one in the first place?
Ian B
MD
Keep IT Legal Ltd
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