Best Blackhat Forum

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

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!

(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