Do you even need a more CLEARER point when it comes to OPT-IN?
- automated phone message
- One whose name or address appears in the Commercial Material as the contact details for the purchase of the subject matter of the Commercial Material
- One for whom the content of the Commercial Material may publish his or her business or promote his goals; or
- One who markets the subject matter of the Commercial Material on behalf of another.
How is permission defined? Well in the law it's written as "An Advertiser may distribute Commercial Material only after receiving the addressee's explicit written consent in advance for the acceptance of such Commercial Material from the Advertiser. The addressee's consent may be received in writing, including via e-mail or via automated phone messages." Yes, you read that right, WRITTEN.
An Advertiser may distribute Commercial Material only after receiving the addressee's explicit written consent in advance for the acceptance of such Commercial Material from the Advertiser. The addressee's consent may be received in writing, including via e-mail or via automated phone messages.
In addition, the Amendment includes an exception which states that an Advertiser may distribute Commercial Material to addressees without receiving their prior consent if all of the following conditions are met:
- the addressee gave his contact details while purchasing goods or services or during negotiations for such purchase, and the Advertiser informed him or her at that point that the contact details will be used for sending Commercial Materials
- the Advertiser gave the addressee an opportunity to notify the Advertiser of the refusal to receive Commercial Material, in general or Commercial Material of a certain type, from Advertiser, and the addressee did not exercise such opportunity
- and the Commercial Material refers to goods or services similar to those purchased or that their purchase was negotiated by addressee.
An addressee who gave his or her consent as detailed above is entitled to revoke his or her consent and to notify the Advertiser about his or her refusal to receive any future Commercial Material at any point in the future. An addressee revocation notice must not be subject to any conditions, including any fee, and shall be done either in writing or in the same manner in which the Commercial Material was distributed to addressee, according to addressee's choice.
2. Formal requirement regarding the Commercial Material
Any Commercial Material must carry the following notices:
- The header of the Commercial Material must contain the word "Advertisement". In case the Commercial Material is distributed as an e-mail, the subject line of the e-mail message must contain the word "Advertisement".
- Advertiser's detailed address and contact details.
- A statement regarding addressee's right to notify Advertiser about his or her refusal to receive any Commercial Material in the future and an explanation how to exercise such right or refusal.
In case of a short Commercial Material, the Advertiser needs only to include his or her name and contact details for sending a refusal message.
Any breach of the requirements set forth in the Amendment shall be a civil wrong, and may also be considered as a criminal offense. In addition, the Amendment also amended Appendix II of the Class Action Law, 5766-2006 (hereafter: the "Class Action Law"), adding a claim against an Advertiser as one of the possible claims suitable for class actions. Such amendment of the Class Action Law, along with the Amendments made to the penalties section, provides the addressees with the opportunity to bond together and shares the costs of such lawsuit, and might become an incentive for filing such claims against Advertisers
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