EstatePass
Ethics ComplianceSpam ConsentHARD

An agency buys a list of buyer contacts from another business, which says all the people on it consented. The agency wants to email them. Who must have consent?

Correct Answer

D) The agency must have each recipient's consent and be able to prove it

ACMA guidance says businesses need consent from each recipient before sending marketing messages, even if another business sends them on their behalf, and must be able to produce evidence of consent if asked. An unsubscribe facility is a separate requirement, not a substitute for consent.

Answer Options
A
No one, because consent passes to the agency once it buys the list
B
Only the list seller, which carries all liability for any spam sent
C
No one, if each email carries an unsubscribe link at the very bottom
D
The agency must have each recipient's consent and be able to prove it

Why This Is the Correct Answer

The sending business needs, and must be able to prove, each recipient's consent.

Why the Other Options Are Wrong

Background Knowledge for Ethics Compliance

Exam Tip for Ethics Compliance

Common Mistakes to Avoid on Ethics Compliance Questions

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