this post was submitted on 27 Sep 2023
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I’m sorry, I can’t answer your question, but I have experienced companies lying about their email marketing opt-ins.
I placed an order with a company (it was the NEC in Birmingham) and distinctly remember clicking the “I do not consent” box and got emails anyways. I contacted them and asked them to look into it, guessing it was a bug. They got back to me and said it wasn’t possible for that to happen, and I must have misremembered.
I signed up for a new account, explicitly ensuring I was opting out from emails, with a fresh email address then logged in to check my communication preferences - the account was opted in.
I contacted them with this information and they basically wrote me back apologising that I had been misinformed, but letting me know that they were still legally in the clear and that the checkbox was actually just a “nicety” that they didn’t need, and that they relied on legitimate interest rather than user consent for marketing.
Red Funnel Ferries recently sent a survey to, from the looks of it, everyone who had ever booked online with them.
My guess is that they gave the "wrong" email database to the survey company. The one that for GDPR reasons, probably wasn't supposed to exist any more.
In my country the checkbox must be for opt-in. And it must start off unchecked.
Because I don’t always remember, I take screenshots every time I uncheck a box like that.