opt-in and opt-out requirements
One question I have is whether there are multiple lists for these things. If I fall for the request to 'opt out' of one, does that apply to all or would I have to send multiple messages every time they decide to have a new campaign? Has anyone considered an 'opt in' list instead, or is that inconvenient for the spammers?
For premium billed subscription services, and explicit opt-in is required. The WASPA code states:
11.1.2. Any request from a customer to join a subscription service must be an independent transaction, with the specific intention of subscribing to a service. A request from a subscriber to join a subscription service may not be a request for a specific content item.
11.1.4. Customers may not be automatically subscribed to a subscription service as a result of a request for any non-subscription content or service.
The opt-out instruction will only apply to the service opted in for.
For "free to end user" commercial messaging, the ECT act allows unsolicited messaging, however, the WASPA Code does not allow unsolicited messaging (cold calling). The WASPA Code only allows messaging where the message recipient has a direct and recent (within the last six months) prior commercial relationship with the message originator and would reasonably expect to receive marketing communications from the originator;
The word "reasonably" is included as consumers are mostly happy with "operational" messages, but for "promotional" messages most prefer an explicit opt in as well. For example, if a consumer enters the Pick&Pay cycle race, notifications and updates pertaining to the race are accepted, but promotional messages from the sponsor after the event would not be appreciated.
Again the opt-out would refer to a particular service. If a reply could pertain to multiple services, either all services should be terminated, or the recipient should be given a choice of service to terminate. The automated opt-out systems offered by WASPs such as Bulksms.com on behalf of clients would block all messages from a particular client.