What should I do with trade show contacts in Mailchimp without explicit opt-in?
Summary
What email marketers say10Marketer opinions
Marketer from Email Geeks shares that while real opt-ins are the correct path, Mailchimp (and other platforms) often don't actively enforce it unless there are high volumes of emails to bad addresses or many spam complaints. He suggests that the client's low volume and good engagement mean they likely aren't on Mailchimp's radar.
Email marketer from Reddit User /u/EmailMarketingPro says that while adding trade show contacts without permission might seem tempting, it's best to avoid doing so. You should instead send a friendly follow-up email to those contacts asking if they'd like to opt-in to your list. Explain the benefits of subscribing and provide a clear unsubscribe option.
Email marketer from Mailchimp explains that contacts collected offline, such as at trade shows, require explicit opt-in. They recommend using a signup form on a tablet or providing a physical signup sheet with clear consent language. After the event, send a confirmation email to these contacts asking them to confirm their subscription.
Email marketer from Sendinblue shares it's best practice to explain GDPR clearly to your audience. People need to understand exactly what GDPR means, what their rights are, and what data your business holds on them.
Email marketer from EmailOctopus shares that adding trade show leads to your email list without explicit consent is not recommended. It's better to offer an incentive for people to subscribe at the event, like a contest or free giveaway. Alternatively, you can send an email after the event asking if they would like to subscribe to your list.
Email marketer from HubSpot recommends always gaining explicit opt-in at trade shows. Providing value by clearly stating what subscribers will get, offering an incentive, and making it easy for people to subscribe are key to getting subscribers the right way.
Marketer from Email Geeks suggests considering contacting Mailchimp's support to discuss proactive steps taken to align with their terms. They also suggest using Mailchimp's mobile app, QR codes, or NFC for easier sign-ups at events.
Email marketer from ActiveCampaign recommends being upfront about what they'll be receiving when people sign up. Ensure it's easy for people to understand exactly what they are signing up for and what they are going to get. People should understand that they are signing up to an email list.
Email marketer from MarketingForums.com suggests you segment the list and send an initial email introducing yourself and asking if they'd like to stay in touch by opting in. Make sure the email is friendly and non-spammy. Track who opts in and remove those who don't from your main list.
Email marketer from Campaign Monitor advises that companies need to be upfront, honest, and transparent when asking people to join their email list. It's essential to make sure that it is clear that joining an email list means you are subscribing to ongoing communications, promotions, and content.
What the experts say3Expert opinions
Expert from Email Geeks advises against proactively contacting Mailchimp about violating their terms of service, especially given their history of selective enforcement.
Expert from Email Geeks explains that if email addresses were provided at events, it's mostly opt-in as far as Mailchimp is concerned. He suggests tagging the current set of contacts to track their permission level and suggests considering if Mailchimp is the right vendor for this business.
Expert from Word to the Wise advises that simply having contact information from a tradeshow, without explicit permission, is not sufficient for sending email. You need to gain their explicit consent before adding them to a marketing list and sending them emails.
What the documentation says4Technical articles
Documentation from Fight Spam details Canada's Anti-Spam Legislation (CASL), which requires express consent for sending commercial electronic messages (CEMs). It explains situations where implied consent might exist, such as an existing business relationship. However, simply collecting a business card at a trade show isn't typically enough for implied consent.
Documentation from ISO explains that ISO 27001 requires organisations to identify and comply with relevant legal, statutory, regulatory and contractual requirements for information security. This includes data protection laws (such as GDPR) which mandate specific requirements for obtaining and processing personal data, including consent for marketing communications.
Documentation from GDPR.EU explains that under GDPR, consent must be freely given, specific, informed, and unambiguous. A pre-ticked box or assuming consent is not sufficient. Individuals must take a clear affirmative action to indicate their agreement to receive marketing communications.
Documentation from legislation.gov.uk details the Privacy and Electronic Communications Regulations 2003 (PECR), which covers marketing by electronic means. PECR says that you must not send marketing emails to individual subscribers unless they have specifically consented to receive them. There is a limited exception for existing customers.