What do we mean by “Affirmative Consent?”

Affirmative Consent defined: A demand of the Senate Commerce Committee Report for the CAN-SPAM Act which requires the recipient make some active choice or selection to receive email. Remaining passive, such as not un-checking a pre-checked box or other default Web form, is not sufficient.

Think of it this way: Affirmative Consent = Verifiable Permission. To have a recipient’s affirmative consent means you can positively verify that you have the recipient’s permission. Simply HAVING a recipient’s email address on your list DOES NOT mean you can verify that you have the recipient’s permission. An email sign-up form on a web site does not constitute “verified permission” unless a unique response to a confirmation email is received by the sender.

The members of the OptOut1 Network are trying to run their businesses or organizations without the constant interruption of email solicitations clogging their inboxes. If you feel you must continue to email OptOut1 members, please at least have the courtesy to request their permission before continuing to email them.

Here is an excellent example of such a request:

Example Email requesting permission

   From: emailmarketer@whereever.com
Subject: Confirm your subscription [3885990238989400389]
     To: optout1member@memberdomain.com

Hello [name],

We value your privacy. We have reviewed, and intend to honor, your publicly posted opt out request at OptOut1.com.

As a courtesy to you, we would like to request your permission to continue emailing you. If it is not convenient to receive our emails at the current email address(es) we have on file for you, won’t you take a moment to update your email preferences by visiting the link below?



We have ceased further emails to all domains listed at OptOut1.com. If you do not visit the link above within 10 days, this will be the last email you receive from us. If you cannot click the full URL above, please copy and paste it into your web browser.

Or, if you prefer, simply reply to this message with an email containing the word "YES" in all caps leaving the subject intact.

Thank you for your prompt attention.

1234 Physical Address Street
Anytown, USA 99999