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The soft opt-in rule means you may be able to email or text your own customers, but it does not apply to prospective customers or new contacts (eg from bought-in lists). However, you must have given them a clear chance to opt out – both when you first collected their details, and in every message you send. The idea is that if an individual bought something from you recently, gave you their details, and did not opt out of marketing messages, they are probably happy to receive marketing from you about similar products or services even if they haven’t specifically consented. The term ‘soft opt-in’ is sometimes used to describe the rule about existing customers. “any text, voice, sound or image message sent over a public electronic communications network which can be stored in the network or in the recipient’s terminal equipment until it is collected by the recipient and includes messages sent using a short message service”. The term ‘electronic mail’ has an intentionally broad meaning that includes new forms of messaging.
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This same rule applies to emails, texts, picture messages, video messages, voicemails, direct messages via social media or any similar message that is stored electronically. What about texts and other types of electronic message? You must not disguise or conceal your identity, and you must provide a valid contact address so they can opt out or unsubscribe.įor further information, see our guidance on direct marketing.
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You can send marketing emails or texts to companies. There is a limited exception for your own previous customers, often called the ‘soft opt-in’. You must not send marketing emails or texts to individuals without specific consent.
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