Thanks for asking!
The practice you describe is very commonly used worldwide. It is legal
in both the US and EU. I am a registered user of a number of both US
and European sites. I've had to uncheck the little e-mail me box any
number of times. It is considered a marketing tool, rather than spam.
It is, in practice, a subtle form of opt-out, but even with
pre-populated checkbox, the procedure is still considered to be
opt-in. You can always add another step to the process to confirm that
visitors wish specifically to receive your Newsletter. This is known
as Double Opt-In -- users receive an email to confirm their
subscription address (always a good idea) and are required to reply
before being added to the list.
Google Search has located these definitions of Opt-In:
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A policy for giving permission under which the user explicitly permits
the Web site operator to either collect the information, use it in a
specified manner and/or share it with others when such use or
disclosure to third parties is unrelated to the purpose for which the
information was collected. (See also "opt-out")
www.getnetwise.org/glossary.php
An ad campaign targeted to individuals who have requested to receive
offers and information on specific products or services. -
www.ad-up.com/new/adup_ad_defs.html
The people subscribed to a mailing list have asked to receive the
information or advertising. (Double Op-In means the person requesting
information must confirm their desire to receive it by responding to
an email message after subscribing.)
www.busymarketing.com/glossary.htm
Statement by an individual that they are willing to receive sales and
marketing communications; opportunity provided by a company to allow
the above.
www.eccs.uk.com/resources/glossary.asp
For a more extensive listing, see:
Google Definitions - Opt-in
://www.google.com/search?q=define:Opt-In
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WHAT IS OPT-IN? - WHAT IS, OR ISN'T, SPAM?
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"Opt-in means:
People elect to receive your message (or messages of a particular type
from a particular source).
People can opt-out, removing themselves from further mailings, at a later date."
What is Opt-In?
http://www.ezineblast.com/basic/deftions_whatisoptin.html
What Is and Isn't Spam?
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"A lot of people are not really sure what the definition of spam is,
and what counts as spam, and what's a legitimate mailing.
The answer?
The simple answer - email to people who have elected to receive your
mailing, or opted in, is okay.
However when you look at the issue in more detail, you'll that such a
simple definition doesn't cover all the possible scenarios, and it
leaves a lot of what-if questions unanswered.
So for $1,000,000 what is the answer? What is and isn't spam?
Actually I think you'll find there isn't one - or at least not an
absolute, black-and-white, right-and-wrong, simple answer..."
Due to copyright Fair Use doctrine, we can only display a short
excerpt here. The full article offers additional information.
What Is and Isn't Spam Definitions
http://www.ezineblast.com/basic/defwhatisandisntspam.html
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WHAT METHODS OF OPTING-IN ARE THE BEST
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What methods of opting-in are the best? Here are two scenarios from the Spam FAQ:
* "Example.com is an online shop that decides to send regular
advertising messages to their current customers. But they don't
want to spam, and want to be ethical, so they put a notice about
the promotional emails in a small typeface at the bottom of their
order form and supply a selected box that the buyer can deselect if
they don't want to receive the promotional emails.
There are two opposing viewpoints on this issue:
The order form clearly explains about the promotional emails and tells
the buyer what to do if they don't want to receive them, and everyone
should read the entirety of a page before they input any of their
personal details into it, so this is okay.
[-- or --]
The order form is clearly structured in the hope that the buyer will
fail to notice the explanation about the promotional emails, and in
the event of this happening, the form is set up (checkbox ticked by
default) so that the user's consent will be presumed even if the it
wasn't explicitly given. This is not okay.
There is no clear consensus as to which of these viewpoints is
correct. As ever, you should consider the issues involved, sample the
debate on both sides, and make up your own mind.
* Example.com is an online shop that decides to send regular
advertising messages to their current customers. But they don't want
to spam, and want to be ethical, so they put a notice about the
promotional emails at the bottom of their order form and supply a
box that the buyer can select if they want to receive the
promotional emails.
In this case there is no controversy; positive action is required by
the user to "opt in" to the mailing list, and if the buyer fails to
notice the request for this action then it is assumed that he/she has
not consented. This is opt-in, pure and simple. And because there's no
attempt to trick the customer into receiving the promotional emails,
they'll generally be better received, which means that the recipients
will be more receptive to example.com's email promotions than would
otherwise be the case."
Spam FAQ | What methods of opting-in are the best?
http://www.spamfaq.net/spam-evils.shtml#opt_in_how
Avoiding the Spam Can | Making Sure the Email Goes Through
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"Acquiring Addresses: The most qualified additions to an
organization's email house file are people who have expressed interest
by signing up for email, donating, advocating or participating in
other activities. When collecting email addresses, clearly inform
people that the organization is collecting their address and how it
will be used. Give them a chance to opt out, e.g., provide a checkbox
that says, "I'd like to receive future mailings from Organization X"
which they can uncheck.
When using rented or purchased email lists where you will be
communicating with new contacts, make sure the first email gives
people the chance to opt-in. Do not just add them to a list and start
emailing them that is spamming. When using multiple list sources with
potential overlaps, de-duplicate email addresses."
Avoiding the Spam Can, By David Crooke, CTO, Convio Inc.
http://www.convio.com/site/PageServer?pagename=spam_article
Pre-population of Opt-in Checkboxes | Marketing Profs
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Question: "What is your stance on pre-populating (defaulting) an
opt-in checkbox to "checked"? What is the current industry standard
regarding this issue? Is it best to leave it unchecked so the contact
is in a position where they must take action in order to subscribe to
a list?" Response: "I don't think there is a general rule, but I do
have a few opinions. How you set those check boxes says a lot about a
company. Defaulting to the "Yes, please send me offers from other
companies" status reeks of desperation and lack of concern for the
customer. I recently re-subscribed to The Economist, and was
pleasantly rewarded with default boxes that, to a one, erred on the
side of sending me nothing at all. I was so pleased with their policy
that I felt a greater degree of trust. I wound up subscribing to their
weekly political round-up."
Default Settings for Opt-In Checkboxes (2nd Letter -- Slow loading)
http://66.102.7.104/search?q=cache:s7_Xm_VrbsUJ:www.marketingprofs.com/3/tillinghast30.asp+opt-in+checkbox
Ultimately, you'll want to please your customers. You might consider
test pages -- serving different pages randomly -- one with the
checkbox checked, one not, another with some persuasive sales writing
that entices visitors to check an empty checkbox. Such an experiment
can help you determine the most successful procedure. Best case,
you'll want your email newsletter to be whitelisted and read.
Search Strategy
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Google Search Terms:
"what is spam" opt-in
opt-in definition
opt-in checkbox OR checkboxes
I hope you find this information helpful. If you have questions about
the material or links, please, feel free to ask for clarification.
---larre |
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