Summary
Opting users back into marketing email lists after they've unsubscribed is generally illegal and unethical, violating GDPR and CAN-SPAM principles, and eroding user trust. Transactional or operational emails are a nuanced exception but must be handled carefully, with a clear distinction from marketing content and an easy opt-out. A recommended approach involves setting up separate campaigns and lists for marketing and operational emails, offering distinct subscription options and preference centers. Explore alternative channels like SMS, push notifications, or in-app messages for critical updates to users who've unsubscribed from email, ensuring transparent communication and user control.
Key findings
- Re-Opting Illegal/Unethical: Opting users back into marketing lists is generally illegal and unethical due to GDPR and CAN-SPAM.
- Operational Email Exception: Transactional/Operational emails are a nuanced exception but require careful handling and clear separation from marketing.
- Separate Campaigns & Lists: Separate campaigns and lists for marketing and operational emails allow for distinct subscription options.
- Preference Centers Recommended: Preference centers provide users control over the types of emails they receive.
- Alternative Channels: Use alternative channels (SMS, push notifications) for critical updates to unsubscribed users.
- Explicit Consent: Explicit consent must be given for marketing emails.
Key considerations
- Legal Compliance: Ensure compliance with GDPR, CAN-SPAM, and other applicable laws.
- User Trust: Prioritize building user trust by respecting opt-out requests and being transparent.
- Email Type Clarity: Clearly define the purpose of emails (transactional vs. marketing) to ensure proper handling and user understanding.
- Data Segmentation: Implement strong data segmentation practices to manage different email types and user preferences.
- Platform Capabilities: Assess your email platform's ability to support segmentation, preference management, and alternative communication channels.
What email marketers say
7 marketer opinions
The consensus is that re-opting users into marketing emails after they've unsubscribed is a bad practice and likely illegal. However, operational emails are treated differently but require careful consideration. Segmentation is crucial to distinguish between operational and marketing communications, offering users granular control over their subscriptions via preference centers and separate opt-ins. Alternative communication channels like SMS and in-app notifications should be explored for critical updates, especially for those who've opted out of email.
Key opinions
- Re-Opting Illegal: Re-opting users into marketing emails after they've unsubscribed is generally considered bad practice and potentially illegal.
- Operational Email Exception: Operational emails can be treated differently, but clear distinction and careful handling are still needed.
- Segmentation is Key: Effective segmentation allows users to choose which types of emails they want to receive (operational, marketing, or both).
- Preference Centers: Preference centers give users more control over email subscriptions.
- Alternative Channels: Consider alternative communication channels like SMS or in-app notifications for critical updates, particularly for unsubscribed users.
- Separate opt-in for operational emails: Provide a separate opt-in for operational emails during signup. Clearly explain the purpose and nature of these emails to gain explicit consent.
Key considerations
- Legal Compliance: Ensure all email practices comply with relevant laws and regulations (e.g., GDPR, CAN-SPAM).
- User Trust: Respect user preferences and avoid practices that could erode trust.
- Clarity and Transparency: Clearly communicate the purpose and nature of different email types to users.
- Granular Control: Provide users with granular control over their email subscriptions.
- Channel Diversification: Explore alternative communication channels to reach users who have opted out of email.
Marketer view
Email marketer from Campaign Monitor explains that using separate lists or tags for different email types (operational vs. marketing) can help manage user preferences more effectively. It allows you to target users with relevant content based on their specific needs.
30 Apr 2022 - Campaign Monitor
Marketer view
Email marketer from Neil Patel shares that consider using alternative channels such as SMS messaging, push notifications, or in-app messages for critical operational updates, especially for users who have unsubscribed from email.
26 Feb 2023 - Neil Patel
What the experts say
4 expert opinions
Experts agree that re-opting users back into email lists after they've opted out, especially for marketing purposes, is generally illegal and violates user trust. While operational emails are a special case, they still require careful handling and clear distinction from marketing content. Setting up separate campaigns for marketing and operational emails, with separate unsubscribe options, is a potential workaround. Exploring alternative methods to reach users who have opted out is also advised.
Key opinions
- Re-Opting Illegal: Opting people back in after they have opted out is a violation of Federal law and user trust.
- Operational Emails Special Case: Transactional/Operational emails are a special case, but require careful distinction and handling.
- Separate Campaigns: Setting up separate campaigns for marketing and operational emails can be a potential workaround.
- Honor Unsubscribe Requests: It is essential to honor unsubscribe requests.
- Alternative Methods: Consider alternative methods for critical updates to reach those who've opted out of email.
Key considerations
- Legal Compliance: Ensure compliance with email marketing laws and regulations.
- User Trust: Prioritize building and maintaining user trust by respecting opt-out requests.
- Email Types Distinction: Clearly distinguish between marketing and operational email content.
- Alternative Communication: Investigate alternate channels for communicating important updates with unsubscribed users.
- Platform Capabilities: Consider if your email platform provides the necessary features for segmentation and control.
Expert view
Expert from Word to the Wise explains that ignoring or overriding a user's opt-out request is a violation of trust and likely illegal. You must honor unsubscribe requests. Consider alternative methods to reach those who've opted out for critical updates.
3 Aug 2022 - Word to the Wise
Expert view
Expert from Spam Resource answers that transactional or operational emails are a special case. However, they still need to be handled carefully, with a clear distinction from marketing content and an easy way to opt out of all communications if a recipient desires.
18 Aug 2024 - Spam Resource
What the documentation says
4 technical articles
Legal documentation emphasizes that re-opting users into email lists after they've opted out generally violates consent principles outlined in GDPR and is potentially deceptive under CAN-SPAM. Transactional emails are exempt from consent requirements only if their primary purpose is transactional, and marketing content requires explicit consent. The creation of distinct lists for transactional and marketing emails enables better user control.
Key findings
- GDPR Consent Violation: Re-opting users after they've opted out violates GDPR's principle of freely given consent.
- CAN-SPAM Concerns: While not explicitly forbidden, re-opting without consent may be a deceptive practice under CAN-SPAM.
- Transactional Email Exemption: Transactional emails are exempt from consent requirements if primarily transactional, but marketing content requires consent.
- Distinct Lists Key: Managing distinct lists for different email types allows users to better control their preferences.
Key considerations
- Compliance with Regulations: Ensure compliance with GDPR, CAN-SPAM, and other relevant regulations.
- Clear Purpose Definition: Clearly define the purpose of emails (transactional vs. marketing) to ensure proper handling.
- User Control: Provide users with control over the types of emails they receive.
- Explicit Consent: Obtain explicit consent for any marketing content included in emails.
Technical article
Documentation from the FTC answers that the CAN-SPAM Act requires honoring opt-out requests promptly. While it doesn't explicitly forbid re-opting, doing so without express consent could be seen as a deceptive practice.
19 Dec 2021 - FTC
Technical article
Documentation from Klaviyo answers that create and manage distinct lists for different email types, such as transactional (operational) emails and marketing emails. This will provide users with more control over what they want to receive.
6 Sep 2021 - Klaviyo
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