Our goal is to help our clients grow their lists, but learn why pre-checking opt-ins is no longer a good practice.

Consent

We want to make sure we are receiving explicit consent from our audience before we contact them. Sending messages without consent can damage your brand’s reputation and lead to high unsubscribe rates. Pre-checked boxes don’t constitute valid consent under the General Data Protection Regulation (GDPR). The same concept is also at the heart of Canada’s Anti-Spam Legislation and Section 1759.2 of the California Anti-Spam Law. Using pre-checked opt-ins can potentially have legal implications, particularly in relation to data protection laws. In some jurisdictions, it may be illegal to use pre-checked opt-ins, as they can be seen as a form of implied consent, which is not sufficient under certain data protection regulations.

Engagement

People who didn’t actively choose to sign up may be less interested in the communications they receive, which can lead to lower engagement rates.

Spam

Forced opt-ins can lead to typo spam traps if there’s no confirmation email, and recipients may not expect messages if they didn’t notice the checkbox. People often fill the form on auto-pilot and get subscribed without giving explicit consent. This can lead to more spam complaints and unsubscribes.

To make your opt-in checkboxes more effective, it’s important to clearly communicate the benefits of opting in. This could include exclusive content, special offers, or early access to new products or services.

Benefits to non pre-checked opt-in boxes:

• Better deliverability
• Higher open and conversion rates
• Allows you to measure true success or failure of your campaign
• Protects your sender reputation
• Protects you at the legislative level