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01-01-2014, 09:02 PM (This post was last modified: 01-01-2014 09:08 PM by Emmy.)
Post: #11
RE:
I'm not taking sides in this discussion - as with any legal regulations, as far as the UK and EU is concerned, they can be interpreted from different viewpoints and previous judgements can be argued to create case law one way or the other. I also know zilch about US law.

However, the relevant EU and UK legislation is:
The Privacy and Electronic Communications (EC Directive) Regulations 2003, enforced in the UK since 11th December 2003.

This legislation affects anyone using email or SMS marketing; there
are several key points which you must observe in order to avoid being
liable for a hefty fine.

A simple overview:

  1. If you have had no prior commercial relationship with a person, you
    will have to obtain their permission to communicate with them by email
    or SMS text message.
  2. You cannot obtain this consent via sending an email or SMS message
    to ask for it, and the permission has to be actively and knowledgeably
    given – i.e. the user must tick a box or actively opt-in by performing a
    specific action.
  3. If you have had a previous trading relationship, you may be able to
    communicate with them about a similar product or service. It’s that
    little word ‘similar’ that gets the lawyers salivating. Because English
    law is largely determined by case law and precedent...
  4. You must clearly identify the sender of the message.
  5. You must provide a valid reply address.
  6. You must make it easy for recipients to unsubscribe from future communications.
  7. Further restrictions on sending ‘spam’ mean you have to clearly
    identify who you are, who you’re sending on behalf of and what you’re
    offering, including any applicable terms and conditions.
Make of that what you will Sad
03-20-2014, 03:20 AM
Post: #12
RE:
Spot on! Just be sure to have all the disclaimers and "fine-print" somewhere on your lead capture form!

Most people who opt-in for info get it that there wil be a response, but some idiots forget where they opted in at! So cover your cheeks with all the leagaleze and don't worry about it! Geez lead capture is an multi-billion dollar industry. The laws are to protect the consumer from getting harrassed by all the marketing jerks who don't know how to play ball! Huh



(01-01-2014 09:02 PM)Emmy Wrote:  I'm not taking sides in this discussion - as with any legal regulations, as far as the UK and EU is concerned, they can be interpreted from different viewpoints and previous judgements can be argued to create case law one way or the other. I also know zilch about US law.

However, the relevant EU and UK legislation is:
The Privacy and Electronic Communications (EC Directive) Regulations 2003, enforced in the UK since 11th December 2003.

This legislation affects anyone using email or SMS marketing; there
are several key points which you must observe in order to avoid being
liable for a hefty fine.

A simple overview:

  1. If you have had no prior commercial relationship with a person, you
    will have to obtain their permission to communicate with them by email
    or SMS text message.
  2. You cannot obtain this consent via sending an email or SMS message
    to ask for it, and the permission has to be actively and knowledgeably
    given – i.e. the user must tick a box or actively opt-in by performing a
    specific action.
  3. If you have had a previous trading relationship, you may be able to
    communicate with them about a similar product or service. It’s that
    little word ‘similar’ that gets the lawyers salivating. Because English
    law is largely determined by case law and precedent...
  4. You must clearly identify the sender of the message.
  5. You must provide a valid reply address.
  6. You must make it easy for recipients to unsubscribe from future communications.
  7. Further restrictions on sending ‘spam’ mean you have to clearly
    identify who you are, who you’re sending on behalf of and what you’re
    offering, including any applicable terms and conditions.
Make of that what you will Sad




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