John Lewis fined for email marketing. Are you operating within the law?

John Lewis has recently been prosecuted and fined over sending spam emails.  They didn’t have their email marketing house in order and so crept over the lines of the current EU legislation.

Email marketing

Are you toeing the line with your email marketing?

The case was all about the way that JL used a captured customer’s email address to send marketing emails.  Using a form, JL pre-ticked the “happy to receive emails” opt-in box.  The issue here though, was that the form was not an order form, where after purchase, a “business relationship” would have existed, but was a registration form.  In this situation, the business cannot send emails to individuals without their permission.

The plaintiff said “But an opportunity to opt-out that is not taken is simply that.  It does not convert to automatic consent under the law and companies risk enforcement action if they use pre-ticked boxes.

Are you pre-ticking the opt in box?  If so, watch out.

Email is still in many cases one of the most cost effective forms of marketing.  If you need help to run a campaign that is effective and within the law, get in touch.  01480 878510, [email protected]

Both comments and pings are currently closed.

Nigel White
My career has given me insights into large and small businesses across many sectors. Academically, I have a MA (Strategic Marketing) and use this understanding to provide consultancy and advice to all clients I work with. Very high on my agenda: needs analysis, service, and quality.