Is opt-out legal if you didn't opt-in?

9 replies
If I am getting emails I didn't ask for, and I opt-out through an unsubscribe button, are they obliged to remove me?

I am finding it harder and harder to get removed from lists I didn't ever opt into!
#legal #optin #optout
  • Profile picture of the author KevinA
    Yes they should definitely remove you.. in fact, legally they should not be sending you anything in the first place unless you have opted to receive it.
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    • Profile picture of the author Brandon Huang
      I am having the same problem here! It's like once I opted for only one email then a few bunch of other spams come in. Is like they shared my info with others! It happens every time!
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      • Profile picture of the author Robert H Cwik
        Originally Posted by Brandon Huang View Post

        I am having the same problem here! It's like once I opted for only one email then a few bunch of other spams come in. Is like they shared my info with others! It happens every time!
        Well, you might have joined more than one list. Just try to recall e-mails from the guy you subscribed to, asking you for another optin? This is the result of ad-swaps or solo mailings. You opt-in for the gift, and think this is from the original sender, but the squeeze page belongs to somebody else. All of a sudden, you are on 15 lists or so and get bombed with e-mails all day long without knowing what hit you :confused:
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  • Profile picture of the author Daniel Wilson
    Every email should have a visible "unsubscribe" button or any other feature to unsubscribe you from their mail list.

    In our country this is regulated by the law.
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    • Profile picture of the author Dimitris Skiadas
      Originally Posted by Daniel Wilson View Post

      Every email should have a visible "unsubscribe" button or any other feature to unsubscribe you from their mail list.

      In our country this is regulated by the law.
      Not only in your country Daniel. This is the law in every country(i think) but unfortunately spammers do not care.I receive more than 300 spam e-mails everyday but there is nothing i can do.Just to erase them.

      Dimitris
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  • Profile picture of the author jasonthewebmaster
    Banned
    Actually, the Can-SPAM Act says that you CAN send them an email, whether they subscribed or not.

    However, it also says that you MUST include un-subscribe link and stop sending them emails once they subscribe. Plus a few other things that you MUST include to not be in violation.

    In my opinion though its a bunch of crap. Come on, now... you don't like the spam in your inbox, then hit delete, or get a new email address!

    Our government is making laws against sending email because most people are too ignorant to do something about it themselves, so they whine and complain until the government says:

    "hey! heres an easy power-grab, let's just make a new law against sending un-wanted email! then we can fine all the big businesses and corporations who violate it!"

    Ahh, but most people are too stupid to realize that you cannot stop JUNK MAIL from arriving at your mail box... YET IT'S NOT ILLEGAL, THERE IS NO WAY TO OPT-OUT, AND NO WAY TO STOP THE JUNK MAIL FROM COMING...

    So then tell me, why the heck is it so bad to send "virtual" junk mail?
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    • Profile picture of the author Michael D Forbes
      Originally Posted by jasonthewebmaster View Post

      you cannot stop JUNK MAIL from arriving at your mail box... YET IT'S NOT ILLEGAL, THERE IS NO WAY TO OPT-OUT, AND NO WAY TO STOP THE JUNK MAIL FROM COMING...
      You actually can place a block on specific senders, adult oriented material being one example.

      To the OP -

      I think it's pretty easy to end up on lists where you might not have any recollection of how the relationship was initiated. You don't always have to grant explicit permission to receive emails.

      Anyway, I would say, yes, they are obliged to "remove" you if you opt-out. Keep in mind that opting out usually doesn't remove your email address from their database, most times it just sets a parameter that keeps you from receiving emails from them.

      I have quite the opposite experience from you. I have found as time goes on it's been much more likely that opt-outs will be honored, unlike the days where "unsubscribing" was a one way ticket to 50 other lists.
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  • Profile picture of the author TheZafraGroup
    Of course! People like that have no right to spam you or send you info if you didn't ask for it. There should be an unsubscribe button so what you can do is click that and you will automatically be out of their email list without them even noticing it.
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  • Profile picture of the author Coby
    I've noticed that a few marketers change their "from" names or adapt a pen name and so I think I'm getting spam but really they just changed a few things and forgot to mention it or maybe are trying to be sneaky...

    Also, some marketers are parts of groups that include things in their privacy policy and TOS they allow them to share their info (your info) with their "partners"...

    So even though its "spam" it's technically "legal"...

    Weird I know...

    But to answer your question yes they should absolutely remove you if you unsub and you may have "asked" for their emails with out knowing (as per above).

    hope this helps.
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