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ARTICLE · 07 APRIL 2015

Have You Obtained Consumer Approval For Marketing Emails And Messages?

The prior approval obligation will not apply to B2B relationships, and commercial messages can still be sent to businesses without their prior approval.

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Esin Attorney Partnership
Esin Attorney Partnership
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Beginning May 1, 2015, companies will no longer be able to send commercial messages via email, text message (sms), fax or autodial machines (robocalls) to consumers without their prior approval. Companies that send commercial messages regularly can still obtain consumers' approval by the May 1 deadline, when the new E-Commerce Law comes into effect, and avoid any disruption to their messaging activities.

In addition to the prior approval obligation, companies must observe new rules for commercial messages:

  • The content of commercial messages must be in line with the approval given. The message must also include: (i) the sender's identity; (ii) the sender's telephone number/fax number/sms number/email, depending on the electronic method of communication used; (iii) the subject and purpose of the message; and (iv) information on the actual sender, if the message is sent on behalf of another entity.

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