Is it legal and advisable to send terms of service emails to unsubscribed users?

Email marketer from Email Geeks shares that sending illegal emails can lead to personal legal issues, even if following legal advice.

Email marketer from Reddit says that it depends on the jurisdiction and the nature of the service but generally advises against it due to potential legal issues and damage to sender reputation, advising to consult with legal counsel.

Email marketer from Email Geeks reports that sending the TOS email to a large audience resulted in dropped domain and IP reputation and spam complaints and they now use web and email banners instead.

Email marketer from CampaignMonitor.com emphasizes respecting unsubscribe requests and maintaining clean email lists, implicitly discouraging sending TOS emails to unsubscribed users due to potential damage to sender reputation.

Email marketer from Email Geeks explains that sending emails to users after they have unsubscribed is a violation of Federal law unless each email is sent individually.

Email marketer from HubSpot.com highlights the importance of complying with CAN-SPAM and GDPR regulations, which require consent for sending emails and honouring unsubscribe requests, implicitly advising against sending TOS emails to unsubscribed users.

Email marketer from Email Geeks shares their experience with a large ToS update, limiting it to paying subscribers and avoiding re-sending to hard bounces.

Email marketer from Litmus.com emphasizes maintaining good deliverability by respecting subscriber preferences. They warn that sending emails to those who've unsubscribed can lead to increased spam complaints and damaged sender reputation.

Email marketer from Mailjet.com distinguishes between transactional and marketing emails, suggesting TOS updates *might* fall under transactional, but stresses caution and legal consultation before emailing unsubscribed users.

Email marketer from Sendinblue.com advises against sending any emails to unsubscribed users to protect sender reputation and comply with regulations. They suggest alternative communication channels for important updates.

Email marketer from NeilPatel.com emphasizes the importance of complying with anti-spam laws like GDPR and CAN-SPAM, which generally require consent for sending emails, suggesting it's risky to email unsubscribed users even for TOS updates.

Email marketer from Email on Acid highlights how crucial good list management is for maximizing deliverability and avoiding penalties associated with poor sender reputation - emailing those who have unsubscribed negatively impacts this.

Email marketer from ActiveCampaign.com strongly recommends against emailing unsubscribed users, regardless of the content, due to the risk of damaging sender reputation and violating anti-spam laws.

Expert from Word to the Wise recommends separating your email list into different categories of subscriber such as 'All marketing', 'Transactional', 'I don't want any emails at all'. You should always respect the customers decision, so if someone is on 'I don't want any emails at all' do not email them anything, or you run the risk of being blacklisted.

Expert from Word to the Wise explains that sending mandated emails to those who have unsubscribed is tricky because these emails don't include marketing so are permitted, but there are a lot of things to consider such as the type of service and the users relationship with it.

Expert from Email Geeks highlights that legality is not the main problem, but the ongoing damage to the email program is a more pressing concern when considering sending a TOS email to unsubscribed users.

Expert from Email Geeks says that an individual employee is unlikely to have civil liability for following instructions from management and legal counsel. Focus on communicating potential harm to the business.

Expert from Email Geeks recommends that a one-time mailing won't have a significant long-term impact on deliverability. Communicate your concerns, then support the final decision.

Expert from Email Geeks suggests that TOS updates can be considered service/relationship messages, and many brands send them to unsubscribed users, though it's often a bad idea.

Documentation from GDPR explains that data processing should cease after a user unsubscribes, unless there's a compelling legitimate interest that overrides the individual's rights, suggesting that sending TOS emails would likely violate GDPR.

Documentation from FTC.gov details the CAN-SPAM Act, indicating that even transactional or relationship messages must comply with certain provisions, like including an opt-out mechanism, implying that sending TOS emails to unsubscribed users could violate the law.

Documentation from M3AAWG.org explains that mandated emails, like TOS updates, are different from marketing emails and may require a different approach, but it doesn't explicitly state it's permissible to email unsubscribed users.