Suped

What are the risks of using services that convert website visitors into email leads without consent?

Summary

Employing services that convert website visitors into email leads without their explicit consent introduces profound risks to an organization's email deliverability, legal standing, and brand reputation. Such practices lead to a dramatic surge in spam complaints, often increasing them a hundred-fold, and are viewed unfavorably by anti-spam organizations and internet service providers, ISPs. The resulting 'dirty' email lists are populated with unengaged, invalid, or temporary addresses, leading to critically low open rates, high bounce rates, and frequent spam trap hits. These detrimental outcomes severely impair sender reputation, often resulting in IP blacklisting and diminished returns on email marketing investments. Moreover, these methods directly violate global privacy regulations like GDPR, PECR, and potentially CAN-SPAM and CASL, exposing businesses to substantial legal fines and account suspensions from email service providers. Ultimately, sending unsolicited emails erodes customer trust, damages brand perception, and is widely considered unethical.

Key findings

  • Spam Complaint Explosion: Services that email website visitors without consent can cause a 100-fold increase in spam complaints overnight, as unsolicited emails are highly likely to be marked as spam by recipients.
  • Severe Deliverability Collapse: Employing these services leads to higher spam complaint rates, lower engagement, increased bounce rates from invalid addresses, and a significantly higher chance of being blacklisted by ISPs and anti-spam organizations like Spamhaus.
  • Regulatory Non-Compliance: Collecting email leads without explicit, informed consent directly violates stringent privacy regulations such as GDPR and PECR, exposing organizations to substantial legal fines and enforcement actions.
  • Damaged Sender Reputation: The high volume of complaints, low engagement, and frequent spam trap hits associated with non-consensual lists severely degrade a sender's reputation, making it extremely difficult for legitimate emails to reach the inbox.
  • Wasted Marketing Investment: Lists acquired without consent are often unengaged, filled with low-quality or invalid addresses, leading to wasted marketing spend, diminished return on investment, and high unsubscribe rates.
  • ESPs Account Suspension: Most legitimate Email Service Providers, including Mailchimp and Constant Contact, have acceptable use policies that prohibit sending to non-consensual lists, leading to account suspension or termination for violators.

Key considerations

  • Consent is Paramount: Adhering to explicit, specific, and informed consent for email marketing is not only a legal requirement under regulations like GDPR and PECR, but also foundational for building engaged, high-quality subscriber lists.
  • Protect Sender Reputation: Maintaining a positive sender reputation is critical for email deliverability; engaging in practices that generate high complaints or spam trap hits will irreparably harm this reputation.
  • Long-Term Business Impact: While non-consensual lead generation may seem like a quick growth hack, its long-term consequences, including legal penalties, deliverability issues, and eroded customer trust, far outweigh any perceived short-term gains.
  • Ethical Marketing Practices: Prioritizing recipient privacy and ethical data collection builds trust and fosters positive customer relationships, which are essential for sustainable and effective email marketing.
  • Understand Global Regulations: Businesses must be aware of and comply with a multitude of international and regional email consent laws, including GDPR, CAN-SPAM, CASL, and CCPA, to avoid significant legal and financial repercussions.

What email marketers say

12 marketer opinions

Leveraging tools that automatically convert website visits into email leads without explicit permission poses severe threats to an organization's email marketing success. These methods are widely condemned for causing an immediate, drastic increase in spam complaints, often by a hundred-fold, and result in lists populated with disengaged, invalid, or temporary email addresses. This leads to critically low open rates, high bounce rates, and frequent encounters with spam traps, all of which severely damage a sender's reputation and can lead to immediate blacklisting by internet service providers, ISPs. Beyond technical deliverability issues, such practices violate significant international privacy regulations including GDPR, CAN-SPAM, and CASL, opening businesses to substantial legal penalties and the risk of account suspension from email service providers. Ultimately, sending unsolicited emails not only wastes marketing resources but also erodes customer trust, diminishes brand reputation, and undermines the ethical foundation of effective marketing.

Key opinions

  • Explosive Spam Complaints: Services that capture emails without consent can trigger a rapid, hundred-fold increase in spam complaints, a direct indicator of recipient dissatisfaction.
  • Crippling Deliverability & Blacklisting: These practices lead to significantly higher complaint rates, lower engagement, and a greater likelihood of IP blacklisting by ISPs, severely impeding email deliverability.
  • Low-Quality, Unengaged Lists: Acquired lists are often filled with inactive, invalid, or temporary email addresses, resulting in poor open rates, high bounce rates, and reduced marketing ROI.
  • Severe Legal & Ethical Breaches: Collecting emails without explicit consent violates major privacy laws like GDPR, CAN-SPAM, and CASL, incurring potential fines and damaging a brand's legal standing.
  • Erosion of Brand Trust: Unsolicited emails are perceived as spam, leading to negative brand associations, decreased customer trust, and a higher probability of future legitimate communications being marked as spam.
  • Spam Trap Risks: A heightened risk of hitting spam traps exists, which can result in immediate and severe blacklisting, making it nearly impossible to reach legitimate inboxes.

Key considerations

  • Consent as the Foundation: Explicit, clear, and informed consent is paramount for building legitimate, engaged email lists and ensuring compliance with global privacy regulations.
  • Protecting Sender Reputation: Practices that lead to high complaints or low engagement quickly degrade sender reputation, a critical asset for email deliverability that is difficult to repair.
  • Legal and Financial Implications: Businesses must fully understand the international landscape of email consent laws to avoid significant legal action, hefty fines, and reputational harm.
  • Building Sustainable Customer Trust: Prioritizing ethical data collection and respecting recipient privacy are fundamental for fostering long-term customer relationships and effective marketing strategies.
  • Focus on Quality Over Quantity: Investing in consent-based list growth strategies, even if slower, yields higher engagement, better deliverability, and a significantly improved return on marketing investment compared to non-consensual methods.

Marketer view

Email marketer from Email Geeks explains that services which email website visitors without consent can lead to a 100-fold increase in spam complaints overnight and claim GDPR is irrelevant, indicating severe deliverability and compliance issues.

10 Dec 2024 - Email Geeks

Marketer view

Email marketer from Email Geeks responds that he feels concern for businesses considering using such services, highlighting the potential for negative consequences for those who decide to implement them.

15 Dec 2022 - Email Geeks

What the experts say

3 expert opinions

Utilizing services that automatically gather email addresses from website visitors without explicit consent poses significant risks to email deliverability and sender reputation. These methods generate high volumes of spam complaints, indicating recipient dissatisfaction and leading anti-spam organizations and internet service providers to view such practices unfavorably. This negative perception results in severe deliverability issues, including emails being blocked or routed directly to junk folders. Moreover, relying on implied consent falls short of modern privacy standards like GDPR, compounding the problems for marketers and increasing the risk of regulatory non-compliance.

Key opinions

  • ISP & Anti-Spam Veto: Practices like converting website visitors into email leads without explicit consent are strongly opposed by major anti-spam groups, such as Spamhaus, and large Internet Service Providers.
  • High Complaint Rates: Sending commercial emails to those who have not explicitly opted in inevitably leads to elevated spam complaint rates, signaling recipient dissatisfaction.
  • Sender Reputation Decay: Internet Service Providers interpret high complaint volumes as spam, causing severe harm to a sender's reputation and trust scores.
  • Inbox Blockage: A damaged sender reputation significantly increases the likelihood of emails being blocked entirely or consistently directed to the recipient's junk folder.
  • Implied Consent Risks: Relying on implied consent, rather than explicit opt-in, contravenes evolving privacy regulations like GDPR, exacerbating deliverability challenges and legal exposure.

Key considerations

  • Prioritize Explicit Opt-In: Secure explicit consent from every email subscriber to ensure compliance and cultivate an engaged audience, which is crucial for long-term deliverability.
  • Safeguard Sender Reputation: Recognize that high spam complaints directly damage sender reputation, a critical asset for successful email deliverability that is difficult to repair.
  • Adhere to Privacy Laws: Understand that evolving privacy regulations, such as GDPR, necessitate explicit consent, making implied consent methods risky and potentially non-compliant.
  • Focus on Quality Subscribers: Building a list with legitimate, opted-in subscribers, even if slower, yields significantly better engagement and deliverability than mass-acquired, non-consensual lists.

Expert view

Expert from Email Geeks shares that anti-spam organizations like Spamhaus and large ISPs have a strong dislike for the Robly folks, suggesting their practices are considered problematic for email deliverability.

14 Nov 2022 - Email Geeks

Expert view

Expert from Word to the Wise explains that using implied consent for email marketing, where recipients haven't explicitly opted in, can lead to increased spam complaints and deliverability problems. This damages sender reputation and increases the likelihood of emails being blocked or landing in the junk folder, especially with evolving privacy regulations like GDPR.

1 Apr 2024 - Word to the Wise

What the documentation says

5 technical articles

Acquiring email leads from website visitors without securing proper consent carries significant legal, financial, and operational risks for businesses engaged in email marketing. Such practices directly contravene strict global data privacy laws like GDPR and PECR, leading to severe monetary penalties and enforcement actions. While regulations like CAN-SPAM and CCPA may have different consent thresholds, collecting emails without clear permission can still trigger high spam complaints, leading to damaged sender reputation and potential legal scrutiny if opt-out mechanisms are not diligently provided. Additionally, major Email Service Providers strictly forbid sending to non-consensual lists, risking account suspension or termination. These cumulative factors not only undermine email deliverability but also erode customer trust and harm brand integrity.

Key findings

  • GDPR & PECR Violations: Direct breaches of GDPR and PECR, UK consent requirements, exposing organizations to substantial fines and enforcement actions.
  • ESPs Policy Enforcement: Non-compliance with Email Service Providers' acceptable use policies, leading to account suspension or termination, as seen with Mailchimp.
  • Heightened Spam Complaints: Increased likelihood of spam complaints, even under CAN-SPAM, indicating recipient dissatisfaction and harming sender reputation.
  • CCPA Compliance Challenges: Potential non-compliance with CCPA regarding consumer opt-out rights for data sharing or 'sale' of email leads acquired without consent.
  • Legal & Reputational Damage: Cumulative legal scrutiny from various regulatory bodies and severe harm to brand reputation due to unethical data collection practices.

Key considerations

  • Adhere to Consent Laws: Thoroughly understand and comply with varying international and regional consent laws, including GDPR's explicit consent and CCPA's opt-out rights.
  • Review ESPs' Policies: Always review and abide by the Acceptable Use Policies of your Email Service Provider to avoid account suspension and ensure platform-wide deliverability.
  • Prioritize Recipient Trust: Recognize that respecting individual privacy and gaining explicit consent builds long-term customer trust and leads to more engaged, higher-quality subscriber lists.
  • Mitigate Legal Exposure: Implement consent-based lead generation strategies to reduce legal and financial risks associated with non-compliance with data privacy regulations.

Technical article

Documentation from GDPR.eu highlights that under GDPR, consent must be freely given, specific, informed, and an unambiguous indication of the data subject's wishes. Using services that convert visitors into leads without explicit consent violates these principles, exposing organizations to significant legal fines and reputational damage.

20 Aug 2022 - GDPR.eu

Technical article

Documentation from the Federal Trade Commission outlines that while CAN-SPAM doesn't require explicit opt-in, it mandates clear identification of the sender and an unsubscribe mechanism. Collecting emails without any form of implied or explicit permission risks higher spam complaints and potential enforcement actions from the FTC if deceptive practices are involved or unsubscribe requests are not honored promptly.

18 Jun 2023 - Federal Trade Commission

Start improving your email deliverability today

Sign up
    What are the risks of using services that convert website visitors into email leads without consent? - Compliance - Email deliverability - Knowledge base - Suped