3. Content subscriptions and messages after explicit opt-in need to also be treated as transactional messages. This will be applicable if the above point 2 is not accepted. Content messages like what we at MyToday send have been excluded from the transactional messages definition. Also, what about explicit opt-ins? As a consumer, I should be able to opt-in to a specific brand / company without having to open myself to receiving messages from everyone in that category by doing a START <1-7 options based on the industry>. In essence, the Transactional definition needs to be extended by including a new category which involves an explicit customer OPT-IN for any form of content. Here, the onus is on the transaction message sender to have the log and prove the opt-in if there is a complaint. The operator or the aggregator should not be involved. Anyways, the penalty is very stringent so it doesn’t make sense for someone to violate the guidelines. This would then also be applicable to Community messages. Each of the opt-in content formats should include a requirement that there be a communication on how to opt-out at least once a month.
4. Advertising should be allowed on transactional messages. Given that (i) the customer has opted in, and (ii) the customer has the ability to opt-out, there should be no restriction on what is communicated on the transactional messages. It is between the consumer and the company. To limit this form of communication is not right. If the customer does not opt-out (after having opted-in) and then complains, that is not right. (Also: Is self- or cross-promotion construed as promotional content? For example, in MyToday, we should be able to promote other channels.)
Continued tomorrow.
