What is the difference between a “solicited marketing message” and an “unsolicited marketing message that you consent to receiving”?
Put simply, a “solicited message” is one that you have actively invited. We accept that this invitation can be given via a third party (see below Third Party Electronic Mailing Lists). An “unsolicited marketing message that you have opted into receiving” is one that you have not invited but you have indicated that you do not, for the time being, object to receiving it. If challenged, marketers would need to demonstrate that you have positively opted into receiving further information from them. What is “soft opt-in” (Regulation 22(3))? This is what the law goes on to state: You may send or instigate the sending of electronic mail for marketing purposes to an individual subscriber where • 1. you have obtained the contact details of the recipient in the course of a sale or negotiations for the sale of a product or service to that recipient; • 2. the direct marketing material you are sending is in respect of your similar products and services only; and • 3. the recipient has been given a
