Prior to CAN-SPAM being enacted, there was a flurry of discussion and opinion among email marketers and other interested parties pertaining to the merits of opt-out versus opt-in permission methods, and the business implications for both. The result that CAN-SPAN provided for email marketers since January 2004 is the opt-out method.

So here in 2009 maybe it’s time to rethink this issue and the implications for email marketers, and to consider whether the permission model should change.

Here are some thoughts pertaining to both of these scenarios.

Opting Out

With loose permission standards and practices in the marketplace, and the ability to obtain email addresses from multiple sources, the opt-out method creates an uneven playing field for marketers to compete on. I know I don’t thoroughly read every privacy policy for every Web site that I visit, so it’s possible that I may have inadvertently opted in to receive additional email messages from marketers associated with the original Web site I visited. That’s why I am not a big fan of "pre-checked boxes" for permission.

Under the law it's legal to send unsolicited commercial email messages provided that you follow the obligations under CAN-SPAM, but does this amount to “legal spam” under the law?

As many people would argue yes as say no. This depends on what side of the permission pass you reside on. Acquisition versus retention marketers will no doubt have differences of opinions on this subject, but until the loophole is closed it will continue to drive debate.

Opting In

Gaining the permission of your customer prior to beginning your email relationship allows you to properly set preferences, expectations and relevant content. This also demonstrates to your client that you value them and their privacy. This alone, in my opinion, would result in a more engaged client and better ROI for marketers.

On the subject of engagement, some ISPs are beginning to require that you provide an opt-in log when troubleshooting an issue with them, and we are beginning to see a trend in optimizing inbox deliverability by using client “engagement” as a factor in reputation management and deliverability optimization.

With that said, would transitioning to an opt-in model erode our ability to successfully market in the offline channel, and how do Web 2.0 social solutions play into this scenario?

So, as the paths of permission appear to be fluid, it appears I have asked more questions than I answered. There are many interested parties who have a valid position on this debate, and their voices should be heard - and will be if the model changes.

What's interesting to me is that after five years of CAN-SPAM (and an opt-out solution) we are still discussing the meaning of permission. And one more thing - no pre-checked boxes please.

I look forward to your comments. Cheers.

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About the Author 

David Fowler is the director of email strategy, deliverability and privacy compliance for Lyris. He consults with email marketers to help them get better results from their email programs.

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