Consent is the legal basis for marketing mail in most jurisdictions and the practical basis for good deliverability: people who asked for mail rarely complain.
Mistake 1: Bundling marketing consent into terms of service acceptance#
Why it hurts: this undermines email consent management at the point where mailbox providers make their decision, and it is rarely surfaced by your own tooling until placement drops.
Fix: Use an unchecked checkbox or a dedicated signup form; never pre-tick.
Mistake 2: Losing consent records during a CRM migration#
Why it hurts: this undermines email consent management at the point where mailbox providers make their decision, and it is rarely surfaced by your own tooling until placement drops.
Fix: Record timestamp, IP, source, and the exact wording shown at consent.
Frequently asked questions#
Is double opt-in required by law?
Not explicitly in most jurisdictions, but it is the easiest way to prove consent under GDPR and CASL and it improves list quality.