We are currently creating an email to gain consent from our customers to email allow us to market to them. We are currently using Mailchimp to put the email together and it is currently not allowing us to leave the tickbox's empty. Can we pre-tick the "No" box for our customers? Making them change it to yes if they would like to receive marketing emails.
Yes, since you default to no consent, ergo consent would have to be positive. It's rather unsatisfactory though as a sort of double-negative, and needs careful wording to make sure consent is informed. However, this may be a technical problem as it seems odd that you can't have an unchecked checkbox. Does the word 'checked' perhaps appear in the HTML? https://ux.mailchimp.com/patterns/forms#radio