New EU directives

The EU has published consumer protection directives. Members states have 2 years to implement and enforce these directives.
The interesting bit is this:

3) Banning pre-ticked boxes on websites
When shopping online – for instance buying a plane ticket – you may be offered additional options during the purchase process, such as travel insurance or car rental. These additional services may be offered through so-called ‘pre-ticked’ boxes. Consumers are currently often forced to untick those boxes if they do not want these extra services. With the new Directive, pre-ticked boxes will be banned across the European Union.

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Click-wrap licenses again

Earlier this week ARS Technica reported on a ruling from the Missouri Court of Appeals stating that terms and conditions are enforceable even if the users are not forced to visit the T&C pages. Judge Rahmeyer, one of the panel members, did point out that the term in question, under what state laws the agreement would be enforced, was not an unreasonable request. She “do[es] not want [their] opinion to indicate that consumers assent to any buried term that a website may provide simply by using the website or clicking ‘I agree.'”
What does this have to do with email? Well, it means that reasonable terms in the agreements may still be binding even if the user does not read the full terms of the opt in before submitting an email address. In practical terms, though, there’s very little that has changed. Hiding grants of permission deep in a terms document has long been a sneaky trick practiced by spammers and list sellers. Legitimate companies already make terms clear so that users know what type of and how much mail to expect by signing up to a list. They also know that the legal technicalities of permission are not as important as meeting the recipients expectations.

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Evangelizing Permission

Last week the Only Influencers email discussion group tackled this question posed by Ken Magill.

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Customers want to get mail from us!

Many online retailers assume that anyone making a purchase from them is a prime target for email marketing. THEY ARE OUR CUSTOMERS! Of course they want to get mail from us!
Well. Maybe. But not always. Think about the person who shops online during the holidays. I visit a lot of places looking for gifts for other people. These aren’t places I’d normally shop for myself, and are not places that have things I’m interested in. This means I don’t really have, or want, an ongoing relationship with them.
So for those of you that think they’ve found a new customer because I made a purchase this Christmas, I’d just like to say: Not so much. I mean, yeah, you have the perfect gift for my mother this year. Or that appropriately tacky bit of Vette swag for my dad. But, really, I just want to buy the gift and have it shipped. I don’t want an ongoing customer relationship with you. In fact, I really never want to hear from you again.
Some online retailers are polite and treat purchasers with respect. They allow guest checkouts and don’t require tons of personal information and account creation for a purchase. They even let you opt-out of being added to their mailing list at the time of purchase. Other retailers require the full registration process (you need to know my marital status? so I can buy a gift for my dad? what?) and don’t offer an opt-out during the checkout process. Instead, you infer I want your mail and make me opt-out after the fact.
Making a purchase doesn’t constitute permission. Sometimes retailers can get away with it because when I’m making a purchase for me I might be interested in more mail from you. When I’m making a purchase for someone else, though, there is no long term relationship to be developed.
Sure, with the right campaign you may be able to convert one of those purchasers into a returning purchaser. But without a carefully planned and executed conversion campaign you may lose more future customers than you convert.

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