Summary
The responses converge on the idea that the classification of follow-up surveys as transactional or marketing depends on several factors, primarily their purpose and degree of personalization. If a survey is directly related to a specific purchase and is intended to improve that particular customer experience, it leans toward being transactional. However, if it's a general survey or used for broad market research, it's likely marketing. Regardless of classification, prioritizing customer experience, providing a clear opt-out option, and adhering to CAN-SPAM regulations are crucial. When in doubt, it's recommended to err on the side of caution and treat surveys as marketing emails to avoid alienating subscribers and damaging sender reputation. Mobile-friendliness, relevance, and offering incentives are also highlighted as important best practices.
Key findings
- Context Matters: Classification hinges on the survey's relationship to a specific transaction and intent (improving that transaction vs. general market research).
- Opt-Out is Non-Negotiable: Providing a clear and easily accessible unsubscribe link is essential, regardless of classification.
- Customer First: Prioritizing a positive customer experience and respecting their preferences is paramount.
- CAN-SPAM Always Applies: Regardless of classification, ensure adherence to CAN-SPAM regulations (physical address, functioning unsubscribe link).
- Benefit Matters: End users are more likely to engage if there is a direct benefit to them.
Key considerations
- Personalization Level: Assess the degree of personalization. Is the survey tailored to a specific customer and purchase, or is it a generic questionnaire?
- Primary Intent: Clarify the primary purpose of the survey. Is it to improve a specific transaction or gather broader market intelligence?
- ESP Alignment: Consider your Email Service Provider's (ESP) policies regarding transactional vs. marketing emails.
- Legal Review: Consult legal counsel if there is significant uncertainty or potential risk associated with the classification.
- Mobile Optimization: Ensure that all surveys are optimized for viewing and interaction on mobile devices.
- Offer Value: Provide value to those taking part in the survey.
What email marketers say
15 marketer opinions
The consensus is that whether follow-up surveys are considered transactional emails depends on their purpose and personalization. If the survey directly relates to a specific purchase and is personalized to that transaction, it leans towards being transactional. However, if it's a general survey sent to many recipients, it's more likely marketing. Regardless of classification, best practices include always providing an unsubscribe option, adhering to CAN-SPAM regulations, considering ESP policies, and prioritizing a positive customer experience. If in doubt, it's better to err on the side of caution and treat surveys as marketing emails, providing clear opt-out options.
Key opinions
- Personalization Matters: Highly personalized surveys related to a specific purchase have a stronger case for being considered transactional.
- Purpose Defines Classification: If the primary goal is to improve the customer's experience with a specific transaction, it's more transactional. If it's general market research, it's marketing.
- Unsubscribe Option is Crucial: Regardless of classification, always provide a clear and easy-to-find unsubscribe link. Customer perception heavily influences spam reports.
- CAN-SPAM Compliance: All emails, even if considered transactional, must comply with CAN-SPAM regulations (physical address, unsubscribe link, honoring opt-outs).
- Customer Experience First: Prioritize a positive customer experience. Even if legally permissible, sending unwanted surveys can damage your sender reputation.
Key considerations
- ESP Policies: Consider your Email Service Provider's (ESP) stance on whether surveys are transactional. Their policies can impact deliverability.
- Legal Counsel: If there's significant debate internally, seek legal counsel to ensure compliance and mitigate potential risks.
- Incentivize Participation: Consider offering incentives (discounts, rewards) to encourage survey participation and demonstrate value to the recipient.
- Mobile-Friendly Design: Ensure surveys are optimized for mobile devices, as a significant portion of recipients will likely view them on smartphones.
- Be Relevant and Concise: The survey should be relevant to their prior actions, keep it short and relevant. A concise and relevant survey is more likely to be completed.
Marketer view
Marketer from Email Geeks shares an end-user perspective, stating that customers generally don't want surveys unless they are very satisfied or dissatisfied, and they should always have an option to unsubscribe. Sending surveys without an opt-out may lead to customers marking the sender as spam.
25 Feb 2022 - Email Geeks
Marketer view
Marketer from Email Geeks advises getting own legal counsel if the client's lawyers insist surveys are transactional, and potentially seeking a tight indemnity agreement. Also, he points out insurance companies usually exclude themselves from TCPA claims, and likely CAN-SPAM too.
27 Aug 2024 - Email Geeks
What the experts say
4 expert opinions
These experts highlight the importance of user experience and legal compliance when sending follow-up surveys. While surveys related to a specific transaction could potentially be considered transactional emails, it's crucial to prioritize giving users the option to opt-out. Customer perception matters, and adhering to CAN-SPAM regulations, even for seemingly transactional emails, is essential. Ultimately, determining whether a survey is marketing or transactional depends on its primary intent and benefit to the user, with the "doing the right thing" approach often superseding strict legal definitions.
Key opinions
- Opt-Out is Paramount: Always provide a clear and easy way for recipients to opt-out of receiving future surveys, regardless of whether you classify them as transactional or marketing.
- User Experience Trumps Legal Definitions: Prioritize a positive user experience. Focus on what's best for the customer, even if it means erring on the side of caution regarding legal classifications.
- CAN-SPAM Applies: Even if you believe a survey is transactional, CAN-SPAM's requirements for commercial messages (like an unsubscribe link) still apply.
- Intent Determines Classification: The primary intent of the email – providing information related to a transaction vs. promoting a product or service – should guide whether it's classified as marketing or transactional.
Key considerations
- Primary Intent: Consider the user's primary goal: are they providing information you need to deliver the product/service, or are they primarily providing feedback? This impacts whether its transactional vs. marketing.
- Legal Obligations: Understand and adhere to all applicable legal regulations, including CAN-SPAM, regardless of how you classify your survey emails.
- User Expectations: Consider whether recipients expect to receive surveys after making a purchase, and manage those expectations through clear communication and easily accessible opt-out options.
- Risk Assessment: Carefully weigh the risks and benefits of classifying a survey as transactional vs. marketing. If in doubt, err on the side of caution to avoid potentially alienating subscribers.
Expert view
Expert from Word to the Wise emphasises that even if an email appears transactional, you need to consider your legal obligations, especially concerning CAN-SPAM, which mandates that all commercial messages have a functioning unsubscribe link. It's about respecting the recipient's choice, regardless of the email's primary classification.
25 Apr 2022 - Word to the Wise
Expert view
Expert from Email Geeks suggests that it's more about doing the right thing for the user than strictly adhering to the legal definition of transactional email, and that customer experience should be prioritized.
4 Aug 2021 - Email Geeks
What the documentation says
4 technical articles
These documentation sources generally agree that transactional emails facilitate or confirm an agreed-upon transaction or provide updates related to an ongoing relationship. Key elements are that they are triggered by a customer action and provide essential information. While the sources don't explicitly categorize surveys as transactional, they suggest that a survey could potentially qualify if it directly relates to completing or improving a specific, recent transaction and its primary purpose is to enhance that specific customer experience. The absence of surveys in explicit lists of transactional messages implies a cautious approach is warranted.
Key findings
- Transactional Definition: Transactional emails primarily facilitate or confirm a previously agreed-upon transaction or provide critical updates.
- Triggered by Action: Transactional emails are triggered by a specific action or event initiated by the customer.
- Surveys: Case-by-Case: Whether a survey qualifies as transactional depends on its direct link to a specific, recent transaction and its purpose to improve the customer's experience of *that* transaction.
- No Explicit Mention: Surveys are not typically listed as standard examples of transactional emails in the documentation.
Key considerations
- Direct Relationship: Carefully assess the direct relationship between the survey and a specific, recent transaction.
- Essential Information: Determine if the survey provides essential information to the customer or is primarily for the sender's benefit (market research).
- CAN-SPAM: Even if considered transactional, ensure compliance with CAN-SPAM regulations.
- User Expectation: Consider the users' expectations of receiving a survey after completing a transaction.
Technical article
Documentation from Klaviyo emphasizes that transactional emails are one-to-one communications triggered by a customer action or event, providing essential information to the customer. A follow-up survey can qualify as transactional if it's directly tied to a specific purchase and seeks feedback on that particular experience.
7 Jul 2022 - Klaviyo
Technical article
Documentation from SendGrid explains that transactional emails facilitate an agreed-upon transaction between the sender and recipient. They include order confirmations, shipping notifications, and password resets. While surveys aren't explicitly listed, the key is whether the survey directly relates to completing or confirming a previous transaction.
22 Jul 2023 - SendGrid
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