Collecting Email Address's And Paypal TOS

Hi Mark,

I don't think that, per se, has ever been against PayPal's TOS.

What they do seem to dislike, though (and they've been known to close accounts over it!) is making opting-in a condition of product-delivery if that hasn't been stated on the sales-page.

This seems very understandable, really: it is, after all, a variance of the terms of the contract of sale after payment. Whereas if it's stated openly, of course, it isn't.

I had a client last year, who had been merrily doing this for years: selling a product without specifying in advance that the opt-in was required, and that product-delivery was conditional on it (i.e. it was a contractual term) ... someone objected (for the first time) and PayPal - after verifying that my client was, in fact, doing that - summarily closed down his account and froze his funds for many months, for a "first offence" (or at least a "first complaint" from a customer).

But I'm sure what you've said above is perfectly true: using an opt-in in the way you describe isn't in itself varying the contractual terms after payment, as long as customers are told before paying that they must opt in.

In practice, of course, the potential problem is easily circumvented simply by having an optional opt-in (literally "opting", in other words!), "for product updates and further information", together with an alternative option of "no, thanks, just the download, please" or however one wishes to word it. Simple.

Unless, of course, they've completely changed their policy over this point, since last year. Is that what they told you?

Mark,

Hold on to that recording. Unless they have changed things, it used to be against their TOS to do that. I know Jon Leger got hit with that when he first rolled out the $7 Secrets report and script. There position at the time was since the buyer had already paid for the product, they couldn't be forced to sign up for anything to get their downloads.

I do know people that have always done this without issue, especially ones that have a good track record, but the couple of times it has come up was by someone complaining to PP without understanding the process. Is why a lot of the popular sales scripts have the buyer added to a list behind the scenes during the sale.

I think it may only become an issue if someone makes it an issue.

Thanks,

John

interesting guys, I think I will put a notice on my slaes page then I am covered all ways round .

Personally, I hate to have to opt in to receive something I just purchased, and I will never confirm my optin when it is required to download the product. If confirmation is not required, I immediately unsubscribe.

I think there must be a better way to get the email without requiring it for something the buyer has already purchased.

There is certainly nothing to stop you from downloading your Paypal history and extracting your customer email addresses from the data.

I always knew it wasn't against PayPal's TOS. However, keep that recording, if PayPal ever freezes your account or does anything stupid for that reason, just give them the call you had and you won't have much problems.

Regards,
Ben

Folks, you have to remember that PayPal is not a bank, it is not a credit card company, and currently operates within the same rules/regs as any other large online business. "Caveat emptor" is a good philosophy to take. While I am not one for anti-capitalistic regulations, the fact is there is no enforcement of proper business ethics against a company like PayPal beyond them policing themselves. Banks, on the other hand, have a myriad of regulations that are enforced.

-DTM