Could your next email newsletter get you sued?

A news item reports how someone sued John Lewis because they illegally sent him email spam.

The law states that you cannot use email to send direct marketing material unless the recipient has consented to receive such emails. Also, failure to opt out (ie leaving the “I don’t want emails” box unticked) is *not* the same as opting in. Opting in means explicitely ticking a box to say you are opting in.

The exception to the above is where you obtained the email address when you provided products or services to the individual. In the case cited, although the man had given John Lewis his email address when he was on their website, he did not obtain products or services from them and did not expicitely opt in to receive emails.

So, if you send an email newsletter or product offer to an individual’s email address which you did not collect in the course of selling products and services, and you have not explicitely obtained their consent, you are probably breaking the law!