unsolicited marketing message
unsolicited marketing messagethe object of legal prohibitions on certain selling techniques. For the purposes of the regulations on privacy and electronic communications controlling marketing, ‘unsolicited’ means something that is not invited, which is not the same as something which is unwanted. The prohibitions apply to unsolicited marketing messages sent by electronic mail to individual subscribers. Senders cannot send such messages unless they have the recipient's prior consent to do so. This strict ‘opt-in’ rule is relaxed if three exemption criteria are satisfied:
- (1) the recipient's email address was collected in the course of a sale or negotiations for a sale;
- (2) the sender only sends promotional messages relating to its similar products and services and;
- (3) when the address was collected, the recipient was given the opportunity to opt out (free of charge except for the cost of transmission) and didn't take it. The opportunity to opt out must be given with every subsequent message. Failing to opt out when given the chance is not the same as giving consent.