What is opt-in vs opt-out?
Opt-in requires a user to take affirmative action to join an email list. They must actively subscribe-no email is sent until they request it. This is the GDPR standard and increasingly the global expectation. Opt-in produces lists of people who genuinely want your content, resulting in higher engagement and fewer complaints.
Opt-out assumes consent exists by default; users must take action to remove themselves. Under CAN-SPAM (US), you can email someone without prior consent as long as you include a working unsubscribe mechanism. This permissive approach enables broader reach but produces lower-quality lists with higher complaint rates and deliverability challenges.
The email industry has shifted firmly toward opt-in as best practice regardless of minimum legal requirements. Mailbox providers like Gmail and Microsoft use engagement signals to determine inbox placement, and opt-out lists produce poor engagement. Even where opt-out is technically legal, the practical result is deliverability problems that make the legal permission meaningless. Opt-out is legal; opt-in is effective. Choose based on your goals, not minimum compliance.
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