Double Opt-In and the UEM Act

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sleemanj

1297 posts

Uber Geek

# 77303 14-Feb-2011 17:18

Client wishes for me to remove the double-opt-in confirmation step of signing up to an email newsletter. The signup form is on the homepage. It requests only name and email. If the confirmation step (usual click link in email) is removed, anybody can sign anybody up.

In advising the client against this, from a legal standpoint, does anybody have any idea if the Unsolicited Electronic Message act prohibits this? I thought it did, but a quick skim and I can't see it specifically laid out.

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James Sleeman
I sell lots of stuff for electronic enthusiasts...

Ragnor

8035 posts

Uber Geek

Trusted

# 439369 14-Feb-2011 17:55

Doesn't mandate/require double opt in (if I recall correctly), uses vague language like "your should verify people signing up"... I think.

The obvious potential for "griefing" with an online form without double opt-in is nasty, just set it up with double opt in and say that's how it works (for security), wouldn't even present single opt in as an option imo.

savag3

188 posts

Master Geek

Subscriber

# 439390 14-Feb-2011 18:34

In order to send commercial emails the recipient needs to have 'consented to receiving' the email - s9(1). That term is defined in s1(1). The Act places an onus onto the sender of the message to prove consent - s9(3).
In other words if a complaint is made that an email was unsolicited the sender of that email needs to prove on the balance of probabilities (more likely than not) that the recipient consented to receiving the email.
Without requiring double opt in I can't see how you could do this if someone complained that they didn't sign up.
This is not legal advice and the potential penalties are severe. Your client should obtain their own legal advice regarding this. Given s15 if your client insists on removing the double opt in you should get legal advice on your own position.

sleemanj

1297 posts

Uber Geek

# 439397 14-Feb-2011 18:57

Ragnor: just set it up with double opt in and say that's how it works (for security), wouldn't even present single opt in as an option imo.

I never do present the option, always doubt opt-in, just in this case the owner has decided all on his own he doesn't want it to be double opt-in because he thinks (not without cause it has to be said) that people forget to confirm.

I need to decide if it's worth putting my foot down and not doing it despite pleas, or just do it to keep them happy :-/

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James Sleeman
I sell lots of stuff for electronic enthusiasts...

Kraven

621 posts

Ultimate Geek

# 439534 14-Feb-2011 22:24

Also consider that the double opt-in process verifies that the email address is valid. Without it, a good number of the email addresses on your clients list will probably go nowhere!