Marketing Opt-Out

Definition

The mechanism allowing individuals to decline receiving marketing communications or withdraw from marketing activities. Opt-out requirements vary by jurisdiction—some require opt-in consent before marketing, while others permit marketing with opt-out. Effective opt-out mechanisms should be easy to find, simple to use, processed promptly, honor all marketing channels if general opt-out, maintain suppression lists, and not require re-registration or excessive information. Common opt-out methods include unsubscribe links in emails, preference centers in accounts, reply mechanisms for texts, and Do Not Call registrations for phone marketing. Organizations must honor opt-outs promptly (typically within 10 days for email), ensure opt-outs prevent future marketing across all systems, not sell opt-out lists, and allow opt-outs without penalty. Marketing opt-out is distinct from opting out of data sale under CCPA—different mechanisms may apply. Respecting opt-outs builds trust and demonstrates privacy commitment.

Applicable Laws & Regulations

  1. 1CAN-SPAM Act 15 U.S.C. §7704 - Opt-out requirements
  2. 2GDPR Article 21 - Right to object to direct marketing
  3. 3CASL Section 11 - Unsubscribe mechanism

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