Are follow-up surveys considered transactional emails and what are the best practices?
Michael Ko
Co-founder & CEO, Suped
Published 22 Jul 2025
Updated 19 Aug 2025
8 min read
The classification of emails as transactional or commercial can be a complex area, especially when it comes to follow-up surveys. It is not always clear-cut, and the distinction often depends on the specific content and purpose of the email. This has significant implications for compliance with regulations like CAN-SPAM in the US and for overall email deliverability. Misclassifying an email can lead to legal issues or your messages ending up in spam folders, potentially harming your sender reputation.
The core of the issue revolves around whether the survey is primarily intended to facilitate, complete, or provide information about a transaction the recipient has already engaged in, or if it's primarily designed to promote products, services, or goodwill for the sender. Understanding this distinction is crucial for maintaining good sending practices and ensuring your emails reach the inbox.
Defining transactional and commercial emails
A transactional email is generally defined as a message triggered by a user's action or interaction with a service, providing essential information directly related to that action. Common examples include order confirmations, shipping updates, password resets, and account statements. These emails are typically expected by the recipient and are crucial for the completion or understanding of a commercial relationship.
In contrast, a commercial or promotional email has a primary purpose of advertising or promoting a commercial product or service. These emails often require explicit consent (opt-in) from the recipient and must include an unsubscribe mechanism. The legal requirements around consent and unsubscribe options are a key differentiator.
The U.S. CAN-SPAM Act defines transactional or relationship messages more narrowly than some might assume. It generally covers messages whose primary purpose is to facilitate, complete, or confirm a commercial transaction the recipient has previously agreed to, provide warranty information, or deliver information about a subscription, membership, or account. Surveys are not explicitly listed in these definitions, making their classification ambiguous at times.
Are follow-up surveys transactional?
When it comes to follow-up surveys, their classification hinges on their content and purpose. A survey that asks, 'Did your product work?' and is used internally for quality control or problem-solving could arguably be tied to the transaction. However, if the survey asks, 'Tell us how we did' with the intent to publish positive feedback or gather testimonials, it starts to lean heavily into commercial territory because it benefits the sender through promotion.
Some experts argue that unless a survey is specifically confirming a transaction or fulfilling an agreed-upon service, it is likely not transactional. The intent behind sending the survey is key. If the survey's primary purpose is to collect data that will be used to enhance marketing efforts or promote the brand, it should be treated as a commercial email, regardless of its connection to a recent purchase. According to a Kickbox article, surveys are not explicitly covered by CAN-SPAM's definition of transactional messages.surveys are not explicitly covered by CAN-SPAM's definition of transactional messages.
Even if your legal counsel or email service provider (ESP) suggests a survey could be classified as transactional, considering the user's perspective is vital. Most recipients expect the ability to opt out of any mail they receive, especially surveys that are not strictly necessary for their transaction. Disregarding this can lead to spam complaints and damage to your sender reputation, which will impact email deliverability across all your email streams.
The potential for legal or deliverability problems when promotional content is mixed with transactional emails is a serious consideration. Even if a survey is highly personalized to a specific purchase, if its primary aim is to gather testimonials or promote your brand, it risks being reclassified as commercial.
Misclassified as transactional
A general survey asking for overall satisfaction without direct relation to a specific, unique transaction, or a survey primarily for marketing feedback.
These emails may not fulfill legal requirements for transactional messages and could lead to compliance issues.
Best practices for follow-up surveys
Given the ambiguity, adopting best practices that prioritize recipient experience and compliance is prudent. Regardless of classification, allowing recipients to opt out of follow-up surveys is a strong recommendation. This proactive approach can significantly reduce spam complaints and improve overall email deliverability rates.
Clear Purpose: Ensure the survey's purpose is transparent. If it's for internal improvement related to a specific transaction, highlight that.
Personalization: Make the survey highly personalized to the recipient's specific purchase or interaction, not just a generic product line. Include details like purchase date or specific service used.
Opt-Out Options: Always provide an easy way to opt out of future survey communications. This can be a separate opt-out specific to surveys, or part of a broader preference center. This goes beyond legal minimums in some regions, but it builds trust.
Separate Sending: Consider sending surveys from a separate domain or subdomain if there's any promotional aspect, to protect your main transactional sender reputation. For more details on this, Mailmunch provides additional insights into transactional email best practices.
Using a List-Unsubscribe header is a strong deliverability best practice for all types of emails, including surveys. This header allows email clients like Gmail to display an unsubscribe button directly in the email client interface, making it easier for users to opt out cleanly rather than marking your email as spam.
Deliverability considerations
To further protect your sender reputation and ensure high deliverability, it's generally advisable to segregate your email streams. Sending surveys, especially those with any hint of a marketing purpose, from the same IP address or domain as your critical transactional emails can put your core communications at risk. If survey emails receive complaints, it could lead to your IP or domain being added to a blacklist (or blocklist), impacting all emails sent from that source.
Monitoring your domain and IP reputation using tools like Google Postmaster Tools is crucial. A sudden spike in spam complaints related to your survey emails will be visible there and serves as an early warning sign of deliverability issues. Being proactive in managing consent and providing clear opt-out options helps mitigate these risks, preventing your domain from being listed on a major email blocklist (or blacklist).
Scenario 1: Purely transactional survey
A survey sent immediately after a service interaction (e.g., customer support call) to gauge the effectiveness of that specific interaction, with results used solely for internal quality improvement. The survey links directly to the case or interaction ID.
Scenario 2: Commercial-leaning survey
A post-purchase survey that, in addition to product feedback, includes questions about interest in other products, encourages social media sharing, or offers a discount on a future purchase.
Compliance and managing user preferences
Managing subscriptions and user preferences is a critical aspect of maintaining a healthy email program. If a user opts out of surveys, your system must respect that preference immediately. This requires robust suppression lists and preference centers that allow granular control over different types of communications. Failing to honor opt-out requests, even for surveys, can lead to serious deliverability problems and damage your brand's reputation.
Additionally, ensure your email authentication protocols like SPF, DKIM, and DMARC are correctly configured for all your sending domains and subdomains. This helps email providers verify that your emails are legitimate and not spoofed, which is essential for avoiding spam folders. A comprehensive email authentication setup enhances trust with mailbox providers, further boosting your inbox placement rates.
Views from the trenches
Best practices
Always include an unsubscribe link in survey emails, even if technically not required.
Segment your audience for surveys to ensure relevance and prevent over-emailing.
Use clear, concise subject lines that accurately reflect the survey's purpose.
Send surveys promptly after the relevant interaction for higher relevance.
Common pitfalls
Assuming all follow-up surveys are transactional just because they relate to a past interaction.
Not providing clear opt-out options, leading to increased spam complaints.
Using generic survey language that isn't specific to the recipient's experience.
Sending surveys too long after the customer interaction, reducing relevance.
Expert tips
Prioritize the user's experience over strict legal interpretations for better engagement.
If in doubt, treat it as commercial and provide an unsubscribe option.
Consult with your legal team for definitive advice based on your specific use case.
Ensure your email service provider (ESP) has a clear stance on survey classification.
Expert view
Expert from Email Geeks says that people should always be able to opt out of any email they receive.
2022-07-15 - Email Geeks
Expert view
Expert from Email Geeks says a survey is not necessarily transactional if it is sent to everyone worded exactly the same, but it might be if it is highly personalized to a specific purchase.
2022-07-15 - Email Geeks
Final thoughts on surveys and deliverability
The distinction between transactional and commercial emails for follow-up surveys is nuanced. While some surveys, particularly those strictly confirming a transaction's completion or providing critical service feedback, might fall under the transactional umbrella, most surveys will likely be classified as commercial, especially if they have any promotional intent or benefit the sender more than the recipient.
My recommendation is to err on the side of caution. Provide clear opt-out options for survey emails, ensure they are highly personalized, and consider separating your sending infrastructure for surveys from your critical transactional streams. This approach minimizes risk, fosters recipient trust, and ultimately contributes to stronger email deliverability and sender reputation.