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How to classify post-webinar follow-up emails with promotional content and send them to unsubscribed users?

Summary

Sending post-webinar follow-up emails that contain any promotional content to users who have unsubscribed is widely regarded as prohibited and highly detrimental. This practice violates major anti-spam laws like CAN-SPAM, GDPR, and CASL, leading to significant legal penalties. Beyond compliance, it severely damages a sender's reputation, increases the likelihood of emails landing in spam folders, and can even result in email service providers suspending accounts. While some content might initially appear 'relationship-based,' the inclusion of any sales-oriented messaging or call to action related to future transactions typically reclassifies the email as promotional, making it impermissible for opted-out recipients.

Key findings

  • Legal Prohibition: Sending promotional content to unsubscribed users directly violates anti-spam laws, including CAN-SPAM, GDPR, and CASL, incurring significant legal and financial risks.
  • Reputation Damage: This practice severely harms sender reputation, causing emails to be flagged as spam, leading to blacklisting by ISPs, and negatively impacting deliverability for all future campaigns.
  • ESPs Enforce Suppression: Email Service Providers (ESPs) like Mailchimp, Constant Contact, and SendGrid automatically suppress unsubscribed contacts and explicitly prohibit sending any emails, especially promotional ones, to these suppressed lists.
  • Promotional Classification: Any email, even a post-webinar follow-up, that includes references to unagreed transactions, product offers, or sales-oriented calls to action is classified as promotional, regardless of any 'relationship' context.
  • Unsubscribe Respect: Unsubscribe requests must be honored promptly, generally within 10 business days, after which no further commercial or promotional emails may be sent to that address.

Key considerations

  • Absolute Compliance: Always strictly adhere to unsubscribe requests, ensuring that opted-out contacts are immediately removed from all marketing-related mailing lists.
  • Content Scrutiny: Carefully review all post-webinar content for any promotional elements; if even a small blurb promotes a product or service, the email is likely considered commercial.
  • Legal Consultation: For specific legal interpretations, especially concerning international regulations or complex compliance scenarios, consult with a qualified legal professional.
  • Deliverability Protection: Prioritize maintaining a clean subscriber list and respecting opt-outs to protect your sender reputation and ensure the successful delivery of legitimate campaigns.
  • Ethical Marketing: Upholding subscriber trust by honoring their choices is fundamental for long-term email marketing success and avoiding spam complaints.

What email marketers say

12 marketer opinions

Sending post-webinar follow-up emails containing any promotional elements to users who have unsubscribed is strongly advised against and often explicitly prohibited. This practice violates major anti-spam regulations such as CAN-SPAM, GDPR, and CASL, which can result in substantial legal penalties and fines. Critically, it also severely degrades a sender's reputation, making it more likely that all emails, even legitimate ones, will be flagged as spam and fail to reach recipients. While an initial post-webinar message might appear to be a 'relationship' email, the inclusion of any sales-oriented messaging, product offers, or calls to action for future transactions immediately reclassifies it as promotional. Marketers are urged to respect unsubscribe requests absolutely and implement strict suppression rules to safeguard their deliverability and maintain subscriber trust.

Key opinions

  • Universal Prohibition: Sending any email with promotional content to an unsubscribed user is broadly prohibited and carries severe legal and deliverability risks under anti-spam laws like CAN-SPAM, GDPR, and CASL.
  • Content Reclassification: Even a post-webinar follow-up email, if it includes any reference to a future transaction, product offer, or sales-oriented call to action, is reclassified as promotional and must not be sent to opted-out recipients.
  • Damaged Sender Reputation: Ignoring unsubscribe requests significantly harms sender reputation, leading to increased spam complaints, blacklisting by ISPs, and a dramatic decrease in overall email deliverability for all campaigns.
  • Ethical and Trust Implications: Beyond legalities, sending promotional content to unsubscribed users breaches subscriber trust, damages brand perception, and is considered unethical email marketing practice.
  • Limited Exceptions: The only widely accepted exceptions for sending emails to unsubscribed users are purely transactional messages directly related to an ongoing service, or essential safety, legal, and security communications, which must be devoid of any marketing content.

Key considerations

  • Strict Opt-Out Compliance: Always honor unsubscribe requests immediately by removing opted-out contacts from all marketing and promotional mailing lists.
  • Thorough Content Vetting: Carefully examine all post-webinar follow-up emails for any promotional language, calls to action, or references to future transactions, as these elements classify the email as marketing.
  • Jurisdictional Law Differences: Be aware that anti-spam laws like CAN-SPAM (US) and CASL (Canada) have varying definitions for promotional content, with CASL being particularly strict, classifying even minor promotional blurbs as marketing.
  • Prioritize Sender Reputation: Protect your sender reputation and deliverability by strictly adhering to unsubscribe choices, which signals to ISPs that your emails are wanted and legitimate.
  • Consult Legal Experts: For specific legal interpretations or complex compliance scenarios, especially concerning potential exceptions for purely transactional or compliance-mandated communications, seek advice from a qualified lawyer.

Marketer view

Email marketer from Email Geeks explains that post-webinar follow-up emails, which include thanks, missed-you notes, and a recording link, smell like 'relationship' emails. He also notes that suppressing a segment of people who have unsubscribed from some sorts of email does not seem like a terrible idea.

14 Apr 2023 - Email Geeks

Marketer view

Email marketer from Email Geeks explains that an email becomes promotional or 'mixed' if it includes any reference to a transaction or service that has not yet happened or been agreed to. However, as long as it is purely a follow-up from something that has already occurred, like a webinar, it can be sent as transactional or relationship-based. After reviewing the additional promotional content, he still classified the email as 'Relationship'.

4 Apr 2023 - Email Geeks

What the experts say

2 expert opinions

Post-webinar follow-up emails, when they include any form of promotional material, are unequivocally categorized as 'commercial email.' Both Word to the Wise and Spam Resource experts emphasize that regulations such as CAN-SPAM strictly forbid sending such commercial content to individuals who have previously unsubscribed. Regardless of a recipient's prior webinar attendance, including any promotional element in a follow-up email renders it subject to these anti-spam laws. Consequently, it is legally impermissible and a severe violation of best practices to send these messages to unsubscribed users, as senders are legally required to honor all opt-out requests promptly.

Key opinions

  • Commercial Classification: Experts agree that post-webinar follow-up emails containing promotional content are unequivocally classified as commercial email, regardless of the initial relationship or context of the webinar.
  • Legal Prohibition: Regulations like CAN-SPAM explicitly prohibit sending commercial or promotional emails to users who have opted out, making it illegal to target unsubscribed individuals with such content.
  • Unsubscribe Honor: Senders are legally obligated to promptly honor all opt-out requests, ensuring that unsubscribed users do not receive any further commercial or promotional communications.
  • Severe Violation: Disregarding unsubscribe requests by sending promotional content constitutes a severe violation of email sending best practices and legal compliance, leading to significant repercussions.

Key considerations

  • Content Scrutiny: Thoroughly review all post-webinar follow-up emails to identify and remove any promotional elements, as their presence classifies the message as commercial and makes it impermissible for unsubscribed recipients.
  • Strict Opt-Out Policy: Maintain a stringent policy for honoring unsubscribe requests, ensuring immediate removal of opted-out contacts from all marketing and promotional mailing lists.
  • Legal Compliance Focus: Prioritize adherence to email regulations like CAN-SPAM, understanding that even seemingly benign promotional blurbs can classify an email as commercial and thus impermissible for unsubscribed users.
  • Deliverability & Reputation: Protect your email deliverability and sender reputation by consistently respecting user preferences and avoiding any practice that could lead to spam complaints or legal issues.

Expert view

Expert from Word to the Wise explains that post-webinar follow-up emails containing promotional content are classified as 'commercial email.' Email regulations, such as CAN-SPAM, strictly prohibit sending commercial email to anyone who has unsubscribed, making it impermissible to send such content to unsubscribed users, regardless of prior webinar attendance.

30 Jul 2022 - Word to the Wise

Expert view

Expert from Spam Resource explains that regardless of content, sending any commercial or promotional email, including post-webinar follow-ups, to recipients who have previously unsubscribed is a violation of regulations like CAN-SPAM. Senders are legally required to honor opt-out requests promptly and sending promotional content to unsubscribed users is considered a severe violation of email sending best practices and legal compliance.

25 Jun 2024 - Spam Resource

What the documentation says

8 technical articles

The consensus from various authorities, including legal bodies and email service providers, is clear: sending post-webinar follow-up emails that contain any promotional material to users who have unsubscribed is strictly forbidden. This action constitutes a direct violation of major anti-spam regulations, such as the CAN-SPAM Act and GDPR, which mandate that unsubscribe requests must be promptly honored. Email service providers like Mailchimp and Constant Contact automatically suppress opted-out contacts and explicitly prohibit sending any messages, promotional or otherwise, to these lists. Attempting to classify promotional content as 'transactional' to circumvent these rules is easily detected by ISPs and will severely damage sender reputation, leading to deliverability issues and potential account suspension. Respecting a user's decision to unsubscribe is paramount for legal compliance, maintaining sender credibility, and ensuring the long-term success of email marketing efforts.

Key findings

  • Universal Prohibition: Sending promotional content, even in post-webinar follow-ups, to unsubscribed users is universally prohibited across legal frameworks like CAN-SPAM and GDPR, as well as by Email Service Provider policies.
  • Legal Ramifications: This practice directly violates anti-spam laws, leading to significant penalties and fines, since recipients' right to withdraw consent for marketing purposes must be honored promptly.
  • ESPs Enforce Suppression: Email service providers like Mailchimp, Constant Contact, SendGrid, and ActiveCampaign automatically suppress unsubscribed contacts and explicitly forbid sending any messages, especially commercial ones, to these lists, often leading to account issues if violated.
  • Deliverability Catastrophe: Attempting to email unsubscribed contacts severely damages sender reputation, drastically increases spam complaints, and can lead to blacklisting by ISPs, ultimately crippling overall email deliverability.
  • No Loophole for Promotion: Promotional post-webinar emails cannot be reclassified as purely 'transactional' to bypass unsubscribe rules; such attempts are easily detected by ISPs and platforms, proving ineffective and harmful.

Key considerations

  • Strict Adherence to Opt-Outs: Always remove unsubscribed users from all marketing lists immediately and permanently, as mandated by law and best practices.
  • Vigilant Content Review: Scrutinize all post-webinar communications for any promotional elements, as their presence classifies the email as commercial and impermissible for opted-out recipients.
  • Prioritize Compliance: Understand that legal compliance, especially regarding unsubscribe requests under regulations like CAN-SPAM and GDPR, is non-negotiable for email marketing success.
  • Safeguard Sender Reputation: Protecting your sender reputation by consistently respecting user choices and avoiding any sending to unsubscribed lists is crucial for consistent email deliverability.
  • Avoid Circumvention Tactics: Never attempt to bypass unsubscribe lists or misclassify email content to send promotional messages, as it carries severe consequences for deliverability, legal standing, and account status.

Technical article

Documentation from FTC.gov explains that under the CAN-SPAM Act, all commercial emails must include a clear and conspicuous way for recipients to opt out of receiving future emails. Once an unsubscribe request is received, senders have 10 business days to honor it, and after that, they cannot send any more commercial emails to that address. Sending promotional content to unsubscribed users is a direct violation.

16 Jul 2022 - FTC.gov

Technical article

Documentation from European Commission explains that under GDPR, individuals have the right to withdraw consent at any time. When a user unsubscribes, they are withdrawing consent for processing their personal data for marketing purposes. Therefore, sending any further promotional content to them, even post-webinar, is a breach of GDPR, as it lacks a lawful basis for processing.

21 May 2024 - European Commission

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