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Dear Guys, i hope you can help us with an extremely important issue as we are in the midst of an litigation with a prosecutor that now reached cease-and-desist declaration against us to avoid any further mails being send to him. The accusation in general contains the point that he a) reproached us that we send him an unwanted double opt in mail (which is impossible to proof how typed in a mail adress into one of our signup funnels) and b) that our double opt in mail contained promotional aspects that is against German law (which is not the cause). The whole claim is really fraudulent but the court declared the cease-and-desist declaration, that we are not allowed to send ANY mail to the customer anymore. 

As we could blacklist the mail address for sendouts through all our flows, Klaviyo claimed now that they are unable to avoid a sendout of a double opt in mail to the customer if his email address would be typed in in any given sign up form again. And this double opt in mail would then violate the cease-and-desist declaration. So we are in a very bad sport against a fraudulent case and we thus needed to deactivate all our signup forms due to the legal case as Klaviyo wouldnt be able to prevent a blacklist for mail addresses that are typed into a sign up form.

 

Does anyone had this issue every before and has a work around how we could still keep the signup forms and Klaviyo but blacklist that no double opt in mail would be able to be send to a given email address?

 

This is a very business critical issue so we hope to get your help and thoughts. Thanks
Philip

Hello @pkehela_mokebo,

Seems like you left a comment on a post pertaining to a similar topic which I responded to. You can find my response to your comment below:

Hello @pkehela_mokebo,

I’m sorry to hear about the situation you’re in. 

The Community forum is a space for Klaviyo Customers, partners and other users to network and learn from one another. With a situation this serious, you’ll want to work directly alongside your legal council. 

It sounds like you’re already in contact with our wonderful Support colleagues. I’ll have to agree with them that there wouldn’t be a method to blacklist someone from receiving a double opt-in email. This is because double opt-in emails are sent out in response to the actions that your customers take. In this case, filling out a form and/or taking the action to subscribe to a list. 

Since this is an action that your customers are taking themselves, there really wouldn’t be a method on Klaviyo’s end to stop them. 

That said, one suggestion I can recommend would be using your own custom signup forms. Instead of preventing a double opt-in from being sent out, you can use a custom signup form to prevent certain individuals from filling out the form.

This in turn will prevent someone from receiving a double opt-in email as they never fully subscribed to make it on the list at all. 

Because custom signup forms are flexible, their behavior will really depend entirely on how you build them. I would suggest working alongside your developer or reaching out to some of our wonderful Klaviyo Partners who can help. 

Have a great day!

David

 


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