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Great question. Putting legalities of automatically re-opting someone in if they fill in a form aside, I generally like to think about it from the perspective of how we can best interpret their intent at different interactions, and prioritise those based on basically how explicitly clear that intent was.
So if someone has explicitly unsubscribed in the past, fills in a form and engages with us again, but does not explicitly state that they want to resubscribe, I'd be inclined to say that past explicit opt out trumps current potential willingness to opt in. But I think it's also possibly in the interests of that person to include a message in that operational email that lets them know that they are currently unsubscribed and provides them an opportunity clarify that uncertainty for us and resubscribe, or do nothing and remain unsubscribed.
It's a balance between legal compliance, best interests of the individual, and risks for your sender reputation. Ultimately, a person who doesn't want to receive your marketing is a person who is unlikely to convert through it and is likely to pose a spam complaint or compliance complaint risk.
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You cannot re-subscribe someone without a clear checkbox and correct legal language.
Interesting idea to send them a warning about being unsubscribed, but I would only expect that if the person filled out a whitepaper download where your workflow was to send the file by email instead of redirecting to PDF.
Thanks Josh! I think the best option here is to include the text on the operational email following a webinar registration.
Thank you! I think the best option here is to include the text on the operational email following a webinar registration.