8 Opt-Out Survey Examples + Legal Considerations

Opt-out surveys assume participation unless declined; they boost response rates but raise legal concerns. Used by businesses, governments, and healthcare, these surveys must follow laws like GDPR and HIPAA. Email, SMS, in-app, and more are common types. Providing a clear unsubscribe button, privacy protection, and consent tracking are essential for compliance and an increase in complete and honest participation. When a participants click unsubscribe, you can’t reach out again, which will make sure your emails or messages don’t get listed as spam and breach legal terms.

Have you ever received an unexpected survey from a company or organization? Most likely, you had some form of interaction with them, even if you do not recall agreeing to receive surveys. Welcome to the world of opt-out surveys: a type of questionnaire that does not require prior consent to be sent. Unlike opt-in surveys, opt-out surveys do not explicitly ask for your agreement or prompt you with questions regarding your preferences before sending; instead, they assume participation unless the recipient actively chooses not to take part.

In this article, we’ll explore eight types of opt-out questionnaires you can create, as well as the legal considerations involved in sending them without explicit consent. Unlike opt-in surveys, opt-out surveys do not typically ask participants to agree or present a request for consent before sending the questionnaire.

Create Your FREE Opt-Out Survey or Questionnaire Now!

What Is An Opt Out Survey?

An opt-out survey is a type of questionnaire in which participants are automatically included and expected to participate unless they specifically choose not to. Unlike opt-in surveys, where individuals must actively indicate their willingness to take part, opt-out surveys assume consent and require action only from those who wish to decline, either by responding or by choosing not to engage. In many cases, participants may need to respond to indicate their decision to opt out.

Many organizations and companies use opt-out questionnaires to boost participation rates, as they can be sent without requiring prior consent. Most organizations use opt-out surveys to increase participation rates, as they can send them to anyone without obtaining consent. However, this approach raises both legal and ethical concerns, including the risk of being flagged as spam, which we will discuss shortly.

Who Uses Opt-Out Surveys?

Here’s a look at the types of organizations and companies that typically use opt-out surveys.

• Businesses collect customer feedback on products or services.
• Government agencies are gathering data on public services, policies, or social issues.
• Healthcare providers are obtaining patient feedback or seeking participation in research studies.
• Educational institutions collect feedback from students, parents, and staff on school performance, programs, etc.

These organizations often send requests for feedback to gather valuable insights. Recipients may be receiving these questionnaires without having explicitly requested them.

Are Opt-Out Surveys Legal?

Opt-out surveys are generally legal if you fully inform participants about what the questionnaire entails, how you will use their data, and their right to not participate. The ability to opt out needs to be clear; you should also log the opt-out requests for future reference. If your questionnaire makes it difficult to opt out, the questionnaire could be legally challenged. Some legal and ethical standards to consider apply to the use of the opt-out questionnaire, which we highlight in a moment. In some cases, explicit permission may be required to use certain questionnaire features or to send a questionnaire to specific groups.

Data Protection and Privacy Laws

Data protection laws like the European Union’s General Data Protection Regulation (GDPR) and the Telephone Consumer Protection Act (TCPA) in the United States require organizations to obtain explicit consent before collecting personal data. In these areas, opt-out surveys may be looked at as questionable if they assume consent without clear, informed agreement from participants.

Sector-Specific Regulations

Certain industries, such as healthcare, education, and finance, may have additional regulations around consent and data collection. For example, in the United States, the Health Insurance Portability and Accountability Act (HIPAA) has strict guidelines on patient data, making opt-out surveys a more complicated option.

Employment and Workplace Laws

In workplaces, employers may use opt-out surveys for employee feedback or performance evaluations. However, employers must ensure that participation is voluntary and that employees do not feel forced to participate. If this is not clear to the employee regarding their preferences, employers could face legal issues regarding labor laws or employee rights, and it is important to contact a legal professional if there are any concerns.

If you have any concerns about the legal or ethical issues surrounding your opt-out survey, we recommend you consult with an attorney before sending it.

How To Create A Legal Opt-Out Survey

Here are some steps to take when sending out an opt-out survey to be sure you are doing so legally and ethically.

Regularly reviewing and updating your questionnaire practices can help improve compliance and participant satisfaction. Participants should also have the opportunity to fill out an opt-out form if they choose not to participate.

1. Comply with Laws and Regulations

Be sure you are operating within the laws and regulations highlighted in the previous section. Again, if you are unsure about the legality of your opt-out survey, consult with a legal professional to comment on your specific situation and ensure compliance with local, state, and international laws by filling out a proper form.

2. Provide Clear and Transparent Information

Clearly state the reason for the questionnaire and how you will use the data. Make the opt-out process clear, easy, and accessible, and ensure that unsubscribing is straightforward and immediate by providing a clear link. Avoid hidden or complicated steps that could be seen as discouraging opt-outs. Be sure that if someone does opt out, they are removed from your send list. In this Consumer Finance report, you can read more about “reasonable and simple opt-out methods.”

3. Respect Participants’ Privacy

Only collect data that is necessary and avoid asking offensive questions, sensitive questions or personally identifiable information. Be sure your questionnaire is secure with encryption, and when possible, make survey responses anonymous to protect participants’ identities and reduce the risk of data breaches, especially in an unsubscribe survey or questionnaire.

4. Monitor and Document Consent

Keep detailed records of who opts out and always respect their decision to opt out. This documentation can protect you if there are any disputes or complaints later on. When a participant opts out, a confirmation message should go out to confirm that they will no longer receive questionnaires. Subscribers who unsubscribe will have their reason for unsubscribing recorded only if they respond to the survey.

5. Review Survey Practices Regularly

Regulations may change over time, so periodically review and update your questionnaire policies and practices to ensure they remain compliant with evolving laws and best practices, and document these changes in a formal review form.

Create Your FREE Opt-Out Survey or Questionnaire Now!

8 Types of Opt-Out Surveys

You may send opt-out surveys in a variety of ways. Opt-out surveys can be sent via email, postal mail, SMS, phone calls, in-app notifications, social media, and event registrations. The type of survey you choose may depend on the target audience, the nature of the questionnaire, the resources available, and the preferences of the recipients. Cancellation Surveys are often used to gather feedback from subscribers who choose to leave a mailing list. Some questionnaire processes may continue even after a participant opts out, such as receiving a confirmation or follow-up communication. Organizations may also want to view the results or responses from opt-out surveys to improve their practices.

1. Email opt-out

Sending opt-out surveys via email is one popular method. Surveyors will automatically enroll recipients into an email campaign and allow them to opt out if they choose. Often, those who want to opt-out simply click an opt-out button that automatically removes them from future emails, and a confirmation email of the opt-out may be sent, or upon clicking, a pop-up that says they have successfully opted out may appear, ensuring the content is clear and concise. Once you unsubscribe, you won’t get email invitations to take questionnaires, but you can still log in to take a questionnaire.

2. Postal Mail Opt-out

Organizations and companies, typically those with older demographics or those in rural areas with limited internet access, may send opt-out surveys via “snail mail.” Recipients receive a paper questionnaire along with instructions on how to opt out, often via a reply slip or phone call. Businesses like utilities or financial institutions may also include opt-out surveys as inserts in billing statements or other mailed communications, allowing recipients to leave the questionnaire process easily.

3. SMS/Text Messages Opt-out

Opt-out surveys sent via SMS text have become more and more popular to reach people on the go. These also make it easy for recipients to opt out; typically, they just reply with the message STOP, choosing to end their participation.

4. Phone Calls Opt-out

Live calls are becoming less common; however, Interactive Voice Response (IVR) systems are now being used to conduct opt-out surveys via automated phone calls. Participants can press a button to complete the survey or opt out by following the provided instructions, verifying their choice in a questionnaire administered via phone.

5. In-App Notifications Opt-out

For businesses with mobile apps, opt-out surveys can be delivered via in-app notifications or pop-ups. You can automatically enroll these users in the questionnaire unless they dismiss or opt out of the notification. However, since they have already downloaded the app, typically, they have an interest in providing questionnaire responses. You can also include links to opt-out options in the app’s footer for easy access.

6. Social Media Opt-out

Social media platforms like Facebook, X, or LinkedIn can be used to send questionnaires directly to users via direct messages, where users are automatically enrolled but can opt out by declining the survey, ensuring their choice is recorded.

7. Customer or Employee Portals Opt Out

For companies and organizations with internal portals (e.g., employee portals, customer or patient accounts), opt-out surveys can be integrated directly into the platform. In educational or training portals, participants may have the option to opt out of surveys for a specific course or group of courses. Administrators can select and edit the start and end date fields for questionnaires within the portal, allowing them to manage when questionnaires are open or closed. Administrators can close a survey at any time, either by setting or adjusting the end date or immediately after a participant opts out, to prevent further responses. Administrators can also add new questionnaire recipients or courses to the portal, providing flexible management of who receives the questionnaire. Once the questionnaire period ends, the questionnaire process can be closed to finalize and prevent further responses. Participants fall into an auto-enrollment, but they can opt out through the portal itself if they are concerned about their participation.

8. Event or Service Registration Opt-out

Sending opt-out surveys as part of the registration or sign-up process for events, services, or subscriptions is very common. Participants are automatically included in the questionnaire unless they choose to opt out during the registration process, ensuring they understand their options.

Opt-out Survey Example

The most important page of your opt-out survey is undoubtedly the welcome page, where participants decide whether to participate or opt out. This is where you will explain the purpose of the unsubscribe survey (informed consent) and highlight the ability to opt out of the survey (transparency). As you can see, we have even bolded this element. To opt out, a patient simply clicks the check box. You can also put a link here that would opt them out when clicked. It should be easy to unsubscribe.

Adding branding and imagery, which is easy with SurveyLegend, also builds credibility and trust.

To see examples of SurveyLegend’s surveys, check out our survey templates.

Conclusion

You should use opt-out surveys carefully to avoid legal and ethical issues. However, when you create them properly, they are convenient and easy tools for researchers and organizations, especially when managing future emails. To balance efficiency with respect for individual autonomy, it is crucial to fully inform participants about their right to decline and that opting out is as straightforward as possible.

Create Your FREE Opt-Out Survey or Questionnaire Now!