Hey all, got a potential legal query about collecting email addresses.
My client has been adding additional emails to his list by watching sessions on HotJar where users input their email into the form but somehow forget to hit the subscribe button or just exit the page. Basically the equivalent of a cart abandonment.
I told him that might not be completely legal as they haven’t hit the subscribe button and technically haven’t said we can email them.
I said I’d check this email issue just to be sure.
08/24/2022, 4:50 PM
Ooph. I’m not sure the main issue here is legal - I just think this is unlikely to be a high quality set of potential contacts.
Maybe another way to put it is that your client has undertaken a complex data integration project to artificially boost his bounce and spam rates
08/24/2022, 6:11 PM
Hi! Just seems to happen I am a Data Protection expert lol - I just joined.
08/24/2022, 6:12 PM
Several things (I’m an ESP, so this is something we spend a lot of time thinking about):
• The low quality of leads is definitely an issue, but that’s the least of your legal problems
• Abandoned cart emails fall under “prior business relationship” and thus, get transactional status for one email only. (Courts agree on this, beyond that it’s promotional) What you’re doing here has no prior business relationship and is just plain unethical and illegal depending on the country you live in.
This is not a practice I would endorse or recommend to anyone trying to build a serious list. If this is your best effort to get customers, you’ve got some more work to do. 😎
08/24/2022, 6:12 PM
and by no means you can assume that a user accepts their data to be used for marketing purposes just because they landed on the site
So it would be very difficult to justify
• Consent has been given for the purpose of marketing communications under the GDPR
When you actually message them then ePrivacy Directive Applies
• Would be very difficult to justify that the communication is lawful since the user really didn’t press subscribe (for a reason)
08/24/2022, 8:57 PM
Just curious to know is this cart abandoned related to shopify?
08/25/2022, 6:19 AM
no not related to shopify
10/26/2022, 3:52 PM
@Dave Rodenbaugh I was with a Fortune 50 when Can Spam came out, and followed it for a year or two but I never hard of any enforcement. I've been out of email for years. Has there been any enforcement?