SPAM Toggling on Opt-in forms
As with anything the bigger it grows, the more it is abused. Email marketing is not immunized from this. Spammers continue to find new ways of molesting this effective marketing tool to serve their individual malicious intent. As such, the CAN-SPAM act as well as various others such as The Canadian Radio-television and Telecommunications Commission has implemented more stringent laws.
Spamming is a criminal offence and is taken very seriously. They could have severe consequences and can easily have cases brought against spammers.
In the US, consumers can sue under State and Federal fraud and deceptive trade practice laws but must show more damage than the business expenses associated in combating spam. Spam messages can be fined as much as US $300 per unsolicited email sent.
This stresses the procedure of having consumers opt-in for email or text communications.
Enter the role of toggling
The Canadian Radio-television and Telecommunications Commission summarized that “toggling” is a way of switching between different tick boxes. The Commission also notes that toggling has been used as an opt-out consent mechanism rather than an opt-in consent mechanism, as the default toggle undertakes consent on the part of a person.
Now many people are unaware that it is in fact infringing on the act, when a pre-checked box on a website which requires the consumer to action against receiving email. In other words, once you already landed on a certain page, the opt-in is already checked or opted in without a client having to do so.
Now the Commission has considered that an out-right action is needed for an agreement to be considered as opt-in to receive communication from a company. Therefore having the consumer to action an opt-out as opposed to an opt-in, is not considered lawful and the default setting needs to be left in an untainted manner.
If a consumer opts-in for correspondence, the company is also required to send a confirmation of the particular person, whose authorization is being sought.
Not only does this ensure that companies are not being marked as spam, but it also reassures their clients that they are taking the necessary steps in making sure they are not merely spamming their contact lists.