Are there any rules regarding the use of “opt-in” tactics in advertising?

Yes, Delaware law has rules regarding the use of “opt-in” tactics in advertising. An opt-in is a tactic in which a consumer agrees to receive information such as emails and text messages from a business or marketing entity. Delaware requires that businesses who use opt-in tactics must state clearly in the advertising the manner in which the consumer’s information is used and how they may opt-out. Businesses must give the consumer the option to opt out of receiving communications, and must accept all opt-out requests without any fees or charges, as well as providing consumers with accurate information about how to opt-out. Additionally, businesses must inform consumers of their right to opt-out in any written contract and must provide a notice of their right to opt-out in the initial communication. The Delaware Department of Justice Consumer Protection Unit, which is responsible for enforcing the Delaware Consumer Fraud Act, takes all complaints regarding opt-in advertising practices seriously. If a business is found to be in violation of Delaware advertising law regarding opt-in tactics, they may face civil penalties, fines, and other punitive measures.

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Are there any rules regarding the use of “opt-in” tactics in advertising?

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