• by Ray Schultz , Columnist, August 15, 2024

Consumers are filing email privacy lawsuits under a Massachusetts law that predates online retail. 

The state’s Consumer Privacy in Commercial Transactions Act limits the collection of personally identifiable information not needed for the transaction, according to an article by the National Law Journal.

Here are three problem areas identified by the article (and we quote). Are you guilty of any of the following?

1. An unticked box with a call-to-action to check the box to receive marketing messages
2. A message to consumers that completing their transaction indicates their agreement to receive marketing messages subject to their unsubscribe actions
3. No message about marketing at all.

If you engage in any of the three, you could end up being accused of spamming people. 

The Law Journal article does not mention specific cases. But it notes: “Regardless of the messaging, the plaintiffs allege the retailers sent unlawful email marketing messages.”

On a broader level, the U.S. CAN-SPAM Act requires that companies allow consumers to opt out of receiving emails. But the industry standard is now the double opt-in. 

Moreover, the email service providers require that senders place unsubscribe tabs in a visible place. 

What does the National Law Journal recommend?

“Companies should understand how they collect emails at checkout and any other sources of email collection,” it says. It is possible that the same data point is collected via multiple means and by different teams across the business.”

It adds: “Consider connecting with website teams, marketing teams, and agencies to better understand your company’s practices and identify potential risk.”