> > You're confusing unrelated things. The one-click unsubscribe is > literally one click, no intermediate web page or anything returned to > the user. It's intended for mail systems that do the unsub on the > user's behalf. The most familiar is Gmail, where you can click the > junk button, and it sometimes gives you the option to unsubscribe > instead.
No I'm not, I'm simply adding to the general conversation, as somewhere in the thread there was talk about removing the link altogether, and I'm pointing out that Federal law mandates a one-step method; completely removing an unsub link (and, for example, relying on the one-step in the header) could open one up to risk. > I'd be interested to see case law saying that the usual > two-click unsub is illegal. I'm pretty sure there isn't any. I would too, but of course that part of the law has never been litigated, and I think it's unlikely to. When we are asked whether it's ok to have a two-step method, even though a one-step is implicit in the law's "visiting a single Internet Web page" (i.e. having to click 'submit' on that page takes you to a second page, making it not 'visiting a single Internet Web page") we answer based on experience and pragmatism: no Federal agency is likely to come after you for having that second step, so long as you are doing everything else that you are supposed to. Where I think that it's going to get interesting is when senders start removing the visible, in the body, unsub link that people are used to looking for, and relying _only_ on the header-embedded unsub. And that is more likely from where the litigation will come. Anne --- Anne P. Mitchell, Esq. Email Law & Policy Attorney CEO Institute for Social Internet Public Policy (ISIPP) Author: Section 6 of the CAN-SPAM Act of 2003 (the Federal email marketing law) Creator of the term 'deliverability' and founder of the deliverability industry Author: The Email Deliverability Handbook Board of Directors, Denver Internet Exchange Dean Emeritus, Cyberlaw & Cybersecurity, Lincoln Law School Prof. Emeritus, Lincoln Law School Chair Emeritus, Asilomar Microcomputer Workshop Counsel Emeritus, eMail Abuse Prevention System (MAPS) _______________________________________________ mailop mailing list mailop@mailop.org https://list.mailop.org/listinfo/mailop
