Unsolicited marketing message legal definition of unsolicited marketing message
unsolicited marketing message
unsolicited marketing message the 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.
References in periodicals archive
CIM's regional director, Christine Boswell-Munday, said: 'From the moment consumers wake up to the moment they hit their pillows, they are bombarded with unsolicited marketing messages
, many of which are ignored.
US ISP EarthLink has won a court case against an individual that sent approximately 850m unsolicited marketing messages
via its e-mail service.
The company claims that the 100 messages per day limit was put in place in an attempt to prevent Hotmail subscribers using their e-mail accounts to send out unsolicited marketing messages