Single Opt-in ILLEGAL?!

by 38 replies
47
So I was looking for Single opt-in plugins, and I was asking some wordpress plugin customer service people about that option before I bought their service.

I received an email reply today from one of them and here it is: (Names edited for obvious reasons

"On 31 December 2012 18:11, Auction Debt Eliminator <admin@AuctionDebtEliminator.com> wrote:
Subject: Premium Option Question

Message Body:
Does your premium service have the option for a single opt-in?

Spanks!

Hi Auction Debt Eliminator,
No it doesn't. Single opt-in's are technically illegal in most countries.
Kind Regards
-Wordpress Plugin Lady"

So, my question is - is Wordpress Plugin Lady (WPL) right?
#main internet marketing discussion forum #illegal #optin #single
  • what the hell lol
  • I would ask what planet!
    • [ 4 ] Thanks
  • I don't think so.

    Single opt-in usage hasn't been used the wrong way, at least not in U.S.A's marketing, maybe they say that just because some countries might have several restrinctions, but I think there's still something that worth giving it a try.
  • It's definitely legal.

    If it wasn't do you think Aweber and other giants would let you do single opt-in...with their butts on the line?
    • [ 1 ] Thanks
    • [3] replies
    • I'm utterly skeptical about that. . .

      I have been marketing with autoresponders such as Aweber, Getresponse, and many many other ones, but I don't remember the last time I saw one of them that claims single opt-ins are illegal as I know in person even some staff guys and I know with how much money Aweber plays with. . .

      I think there's no safer proof than that to arrive at the conclusion that what you heard about single opt-ins marked as illegal it's totally wrong and you can stay sure about that!

      Hope it helps,

      Giuseppe.
    • The confusion with the opt-in requirements comes from a law passed in the UK:
      Section 3c of The Privacy and Electronic Communications (EC Directive)
      Regulations of 2003.

      Section 3c reads:


      This would seem to imply that a means of refusal refers to the double opt-in
      email that follows upon subscription request.

      I could argue that the means of refusal would be not entering your email
      address and hitting the send button, since we're trying to do everything out
      front anyway.

      I've read the whole law it seems to be geared toward those who use
      unscrupulous methods like co-registrations, email selling/sharing, and
      a whole host of other practices that make giving your email address
      perilous.

      Since the single opt-in has never been tested in court, I think you're probably
      safe as long as you do everything up front, and out in the open.
      • [3] replies
    • I always thought the only real benefit of a double optin was less bounces.
  • It's 100% Legal.
  • Banned
    No, of course not - it's absolute nonsense. :p
  • This is another case of a person confusing law with best practice. This is not a new issue and I run into it often.



    A valid, working unsubscribe link is the law under CAN-SPAM and most other anti-spam laws however as Troy points out.

    Regards,
    jim
    • [ 5 ] Thanks
    • [1] reply
    • And it is rumored Jim knows at least three things about email marketing and autoresponders!
      • [ 1 ] Thanks
  • Banned
    When in doubt, consult a lawyer.
  • What is even more interesting, is that they INTEGRATE with aweber!

    Soooooooooo.

    My 'WTH-ometer' is off the charts with this one.
    • [1] reply
    • Everyone is an expert when it comes to anti-spam stuff, cuz everyone has an opinion.

      I was once in Times Square for a conference with two other email marketers, a panhandler approached us and started doing the old pitch. He asked us what we did for a living and we told him we were email marketers...he didn't miss a beat with his reply: "Oh, you're the guy's who send me spam!"

      I had this image of a bunch of guys of no fixed addresses hunched over PCs in a public library cursing me...

      Regards,
      jim
      • [ 1 ] Thanks
      • [1] reply
  • I suspect that WP Plug In Lady has got a little confused about the Can The Spam legislation. Generally, double opt in is used as a way to demonstrate compliance with that law as subscribers have to not only sign up, but click the link to agree to receiving emails. Because that has become a generally accepted method, I suspect she believes that is the way things have to be.

    One obvious exception is when people have filled in a paper form first. One of my restaurant clients hands out forms asking for a customer's name and email if they want to join the mailing list. Double opt-in would make no sense, as the customer would receive a random confirmation email when we add their email address to the list.
  • She said TECHNICALLY illegal! There IS a reason why so many today insist you CONFIRM before they send stuff to you. A message "from you" does NOT mean that you sent them a message! A message confirming THEIRS essentially DOES!

    Steve
  • Hilarious - who are these people?

    Single opt-in illegal? What happens if I used it? Would I get arrested - maybe in another country?
    • [1] reply
    • There are different levels of illegality. There might be like FIVE, in the US, before you get to a misdemeaner that MIGHT get you locked up. MIGHT! The higher ones ALSO might only present a good chance of being locked up.

      But TECHNICALLY illegal means only that it may BORDER on being illegal. And that would likely be considered an infraction at best. That means anything from being ignored to a minor fine.

      Steve
  • Absolutely not illegal. Need to check the facts thouroughly.
  • On a separate note. I've noticed that my single opt-in lists have a lower rate of delivery
    than my double opt-ins. Don't know why that is, but it happens with both Aweber and
    Sendgrid, and it's usually about a 5-20% difference consistently. It's never > or = to.

    My Aweber rep doesn't have a clue why.

    I speculate that it's because double opt-in confirmation may or may not end up in the
    trash, either way the subscriber takes a little extra action to add me to a white list.
    Pure speculation though. I only use single opt when it make sense to do so.
  • I'm seriously considering emailing that lady the link to this thread.
    • [1] reply
    • That would be illegal unless all thread participants confirmed their acceptance. The Thread Man told me.
      • [ 1 ] Thanks
      • [1] reply
  • I think the illegal one is zero opt in

    I realized that some marketer are using email that makes it look like you have opt in to their list where in reality you have not.

    This is something quite irritating for me and i think if there is a law that can enforce and punish these marketers, i am all out to support it.

    As for single opt in, the fact that the person type in their email, it alone give you the permission, of course they should be able to unsubscribe easily if they think that they have been wrongly email.

    For me both single and double has their purpose. Single is for acquiring prospect is great, because you give yourself more exposure. However when iam running an event, i definitely want a double opt in to ensure attendance rate to my events.

    Hope my post bring some thought into this topic
    • [1] reply
    • Actually you can purchase leads and email them as long as you follow the regulations set-out by CANSPAM. You do have to be careful for supression lists as those can and will get you in pretty deep legal trouble if the receiver chooses to go after you.

      Mailing leads that are purchase or rented is a perfectly acceptable practice within CANSPAM and is a practice that is common amongst MANY large companies (Bank of America being one of the most well known).

      So many people doing the blind leading the blind on this forum in regards to email marketing.

      Whether you feel something is "spam" or not, doesn't mean it is. Singl-optin is not illegal. Confirmed-optin is not illegal AND no-optin is not illegal (at least in the US, Canada and UK).
      • [1] reply
  • Single optin is illegal? Now I've heard everything...

    Double optin was only ever something created by the autoresponder companies to help improve their deliverability rate -- nothing more. It was never something that was brought in because of the law.

    Whoever told the OP this clearly has little idea about email marketing. Run a mile OP!
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    Single Opt-in ILLEGAL?!

    So I was looking for Single opt-in plugins, and I was asking some wordpress plugin customer service people about that option before I bought their service. I received an email reply today from one of them and here it is: (Names edited for obvious reasons