Suped

Is requiring a login to unsubscribe compliant with email regulations?

Summary

Experts, marketers, and documentation overwhelmingly agree that requiring a login to unsubscribe from emails is non-compliant with email regulations like CAN-SPAM and CASL. These regulations mandate a clear, conspicuous, and easily accessible method for recipients to opt-out. Adding friction, such as requiring a login, frustrates users, increases spam complaints, risks blacklisting, and can lead to legal repercussions. The recommended best practice is to provide a one-click unsubscribe option and promptly process unsubscribe requests within 10 business days. Providing alternative choices to unsubscribe such as a return email address, or other internet-based response is considered compliant as long as it is easy for the user.

Key findings

  • Regulatory Violation: Requiring a login to unsubscribe violates CAN-SPAM, CASL, and potentially other regulations.
  • Non-Compliant with One-Click: It does not comply with the implied one-click unsubscribe best practice requirements.
  • Poor User Experience: It leads to a negative user experience due to increased difficulty.
  • Increased Spam Complaints: Complicated unsubscribe processes increase the likelihood of users marking emails as spam.
  • Potential for Blacklisting: Making it difficult to unsubscribe can lead to blacklisting.
  • Legal Repercussions: Non-compliance can result in legal action.
  • One-Click Best Practice: A one-click unsubscribe option is the recommended best practice.
  • Prompt Processing Required: Unsubscribe requests must be processed promptly (within 10 business days).

Key considerations

  • Compliance First: Ensure your unsubscribe process strictly adheres to CAN-SPAM, CASL, and all relevant regulations.
  • User-Centric Design: Design an unsubscribe process that is simple, intuitive, and easy for users to complete.
  • One-Click Implementation: Implement a clear and conspicuous one-click unsubscribe option for optimal user experience and compliance.
  • Risk Mitigation: Minimize the risk of spam complaints, blacklisting, and legal issues by providing a hassle-free unsubscribe process.
  • Time Bound Action: Be aware of the timelines for actioning an unsubscribe request as stipulated by law.

What email marketers say

9 marketer opinions

Requiring a login to unsubscribe from emails is widely considered non-compliant with email regulations such as CAN-SPAM and CASL. These laws emphasize the need for a clear, conspicuous, and easy unsubscribe process. Adding extra steps, such as login requirements, frustrates users, increases spam complaints, and can lead to blacklisting. Best practices include providing a one-click unsubscribe option and processing unsubscribe requests promptly, typically within 10 business days.

Key opinions

  • Non-Compliance: Requiring a login to unsubscribe violates CAN-SPAM and CASL.
  • User Frustration: Extra steps in the unsubscribe process are frustrating for users.
  • Increased Spam Complaints: Difficult unsubscribe processes lead to increased spam complaints.
  • Potential Blacklisting: Making unsubscribing difficult can result in blacklisting.
  • One-Click Unsubscribe: A one-click unsubscribe option is the recommended best practice.
  • Prompt Processing: Unsubscribe requests should be processed promptly, typically within 10 business days.

Key considerations

  • Ease of Use: Ensure the unsubscribe process is straightforward and easy to find.
  • Compliance: Adhere to CAN-SPAM and CASL regulations regarding unsubscribe requirements.
  • Spam Prevention: Prioritize a hassle-free unsubscribe process to reduce spam complaints.
  • Reputation Management: Avoid practices that could lead to blacklisting and damage your sender reputation.
  • Time to process: When the unsubscribe request must be actioned

Marketer view

Email marketer from Sendinblue says that you must provide an easy way for recipients to unsubscribe from your emails and honor those requests promptly. If you make it difficult for people to unsubscribe, you may violate CAN-SPAM.

16 Dec 2023 - Sendinblue

Marketer view

Email marketer from Reddit shares that any extra steps to unsubscribe are really annoying and will get marked as spam. Make it super easy and clear.

3 Dec 2022 - Reddit

What the experts say

5 expert opinions

Requiring a login to unsubscribe is widely regarded as non-compliant with email regulations, specifically CAN-SPAM and Google's requirements. Experts emphasize that this practice not only violates these regulations but also creates a poor user experience. A straightforward, one-click unsubscribe option is essential for compliance and user satisfaction. Making the unsubscribe process easy is crucial, and any additional steps, like requiring a login, are viewed as detrimental and potentially illegal.

Key opinions

  • Regulatory Violation: Requiring a login to unsubscribe violates CAN-SPAM and potentially other email regulations.
  • Non-Compliant with One-Click: It doesn't comply with one-click unsubscribe requirements set by Google and other providers.
  • Poor User Experience: It creates a negative user experience by making unsubscribing difficult.
  • Legal Issues: It may lead to legal issues due to non-compliance.
  • Easy Unsubscribe Essential: Providing an easy, one-click unsubscribe is crucial for compliance and user satisfaction.

Key considerations

  • Compliance: Ensure your unsubscribe process complies with CAN-SPAM and other relevant regulations.
  • User Experience: Prioritize a simple and easy unsubscribe process for a positive user experience.
  • One-Click Option: Implement a clear and conspicuous one-click unsubscribe option.
  • Legal Ramifications: Be aware of potential legal ramifications for non-compliance.

Expert view

Expert from Email Geeks explains that there must be a clear, conspicuous button on the unsubscribe page that allows users to unsubscribe with one click. Additional content, such as opt-downs or subscription portals, can be added alongside this.

10 Jan 2022 - Email Geeks

Expert view

Expert from Spam Resource dictates that the law requires that you give recipients an easy way to ask you not to send future e-mail to them. If you require a login it would be considered a violation of the CAN-SPAM act.

4 Jul 2022 - Spam Resource

What the documentation says

4 technical articles

Official documentation and email marketing platforms are aligned: requiring a login to unsubscribe is not compliant with email regulations, particularly the CAN-SPAM Act. The core requirement is to provide a clear, conspicuous, and easily accessible way for recipients to opt-out of receiving future emails. This includes providing a straightforward opt-out mechanism, such as a return email address or an internet-based response, and honoring those requests. Making unsubscribing difficult, through methods like requiring a login or multiple steps, is discouraged as it leads to user frustration and increased spam complaints.

Key findings

  • CAN-SPAM Compliance: The CAN-SPAM Act mandates a clear and conspicuous opt-out mechanism.
  • Ease of Unsubscribing: It should be easy for recipients to unsubscribe.
  • Discouraged Practices: Requiring a login, multiple pages, or sending an email to unsubscribe is not recommended.
  • Impact on Complaints: Difficult unsubscribe processes can increase spam complaints.
  • Opt-Out Options: Provide a return email address or other simple internet-based opt-out method.

Key considerations

  • Clarity and Conspicuousness: Ensure the unsubscribe instructions are clear and easy to find.
  • Simple Mechanism: Provide a straightforward opt-out method.
  • Avoid Barriers: Refrain from adding barriers to the unsubscribe process, such as login requirements.
  • Honor Requests: Promptly honor unsubscribe requests.
  • User Experience: Design the process with the user in mind, making it as easy as possible.

Technical article

Documentation from Mailchimp shares that it is important to make it easy for people to unsubscribe. Don't require people to log in, visit more than one page, or send an email to unsubscribe. Doing so can frustrate people and generate spam complaints.

22 Jun 2024 - Mailchimp

Technical article

Documentation from Federal Trade Commission explains that the CAN-SPAM Act requires a clear and conspicuous explanation of how the recipient can opt-out of receiving future email from you. Also you must provide a return email address or another easy Internet-based way to allow people to communicate their choice to you. You may give people a menu of choices to allow a consumer to opt out of certain kinds of messages, but you must give them the option to stop all commercial messages from you.

25 Jun 2023 - Federal Trade Commission

Start improving your email deliverability today

Sign up