Question sent in from a blog reader:
“Will it be enough for inferred consent that the recipient is in the same business sector as the marketer?”
Nice try – but the answer (in my opinion) is NO.
Being in the same business sector will not be enough to infer consent unless there is additional conduct or relationship to support the inference.
“Inferred consent arises from the conduct and the business and other relationships of the sender and the recipient. Such relationships giving rise to consent are likely to exist, for example, between a service provider and subscribers to the service. Recently the Federal Court of Australia has observed that it can be reasonably inferred (in the absence of evidence to the contrary) that a purchaser by email order would wish to be kept aware of the business of the vendor. In the case in question the purchaser’s consent to receiving future emails could reasonably be inferred. However, the Court also recognised that whether consent can be inferred from the relationship of the sender and the recipient will always be a question of fact and the particular circumstances.” Source
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