Opt-in data means that at the point of the email address collection, a person has affirmatively requested to be included on an email list to receive commercial email – they checked a box or there is language at or near the submit button in which the consumer is notified prior to submission that their personal information will be transferred and used for commercial purposes. For example at or near the submit button you will find a statement to the effect “I have read and agreed to the privacy policy and terms and conditions and agree to receive valuable offers from trusted partners of this site…” or a similar statement notifying the consumer that the data will be used to send third party offers to them. This option is not required for CAN-SPAM compliance.
For operational guidance and structured compliance documentation tools, visit the CLIClaw Email Marketing Compliance Library.
This FAQ is provided for general informational purposes only and is not legal advice. It is intended as a starting point for understanding the issues discussed and should not be relied on as a substitute for advice from qualified legal counsel.
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