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.
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.
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
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.
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
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.
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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