This is NOT How you Get Consent!
Sending Opt-out Reconfirmation Emails
No… No… No…!!
You cannot send an email to your subscribers saying:
If you do not wish to receive emails from “AMCE”, please reply and type UNSUBSCRIBE in the Subject Line.
That is not getting consent!! That is called Opt-out and it is not permitted as stated in the Unsolicited Electronic Message Act 2007. If you don’t believe me then here is the DIA response to an email I sent them which contained this approach.
Essentially having looked at the content of the e mail message to your client from <company name removed> they are wrong if they are making an assumption that no response should be treated and taken as consent from a recipient to continue with the relationship and to continue to send commercial electronic messages.
A large number of companies are currently sanitizing their address lists to ensure that they have the recipient’s consent to send commercial electronic messages. This would need to be completed by 5 September 2005, which is the date when the new Act comes into force.
In relation to your question, to ensure that the consent you receive complies with the new Act, it is better to ask the question in the positive form, getting them to “opt in” rather than “opt out”. (e.g. If you wish to receive promotional emails please click here etc).
Correspondence cannot establish consent for future purposes. Many recipients may have treated emails to unsubscribe, or to “opt out” if they do not wish to receive promotional information as Spam, and not open or responded to it.
There is no real relationship when the communication is one sided, and the recipient’s silence should not be taken as acquiescence.
It is up to the sender to prove such consent existed. If a complaint is made, the Anti Spam Compliance Unit would ask why the sender believed such consent existed. Whatever method is used to collect evidence of consent (ie written form, “tick boxes”, records of phone conversations etc) should be sufficient to satisfy any investigation should a complaint be made. This applies to old email contacts, as well as any future contacts.
If in doubt, you should obtain consent before commercial electronic messages are sent.
I am sure you have already familiarised yourself with the DIA complaints page, I have copied the link for your information.
Hope this helps.