Is it legal to opt users back into email lists for operational emails after they've opted out and are there alternative campaign setups?
Summary
What email marketers say7Marketer opinions
Email marketer from Campaign Monitor explains that using separate lists or tags for different email types (operational vs. marketing) can help manage user preferences more effectively. It allows you to target users with relevant content based on their specific needs.
Email marketer from Neil Patel shares that consider using alternative channels such as SMS messaging, push notifications, or in-app messages for critical operational updates, especially for users who have unsubscribed from email.
Email marketer from Quora suggests exploring alternative communication channels for opted-out users, such as SMS or in-app notifications for critical updates. They also mention the importance of segmenting lists to avoid sending marketing emails to users who only want operational communications.
Email marketer from StackExchange answers that you should provide a separate opt-in for operational emails during signup. Clearly explain the purpose and nature of these emails to gain explicit consent.
Email marketer from Reddit shares that it's important to clearly distinguish between operational and marketing emails. Operational emails are essential for the user, like password resets or account updates. Marketing emails require explicit consent. Re-opting someone into marketing emails after they unsubscribed is a bad practice.
Email marketer from Litmus shares that a preference center allows users to control the types of emails they receive. Implementing a preference center allows users to unsubscribe from marketing emails but still receive operational emails.
Email marketer from Email on Acid responds that segmentation is key. Clearly label subscription options, allowing users to choose between operational, marketing, or both. This reduces opt-outs from users who still need operational emails.
What the experts say4Expert opinions
Expert from Word to the Wise explains that ignoring or overriding a user's opt-out request is a violation of trust and likely illegal. You must honor unsubscribe requests. Consider alternative methods to reach those who've opted out for critical updates.
Expert from Spam Resource answers that transactional or operational emails are a special case. However, they still need to be handled carefully, with a clear distinction from marketing content and an easy way to opt out of all communications if a recipient desires.
Expert from Email Geeks suggests setting up two campaigns, where adding a recipient means adding them to both campaigns and unsubs are handled separately. One for marketing and one for operational emails.
Expert from Email Geeks explains that opting people back in after they have opted out is a violation of Federal law in the U.S., and most other places as well. She recommends looking for a platform that does everything needed rather than trying to bandaid the issue.
What the documentation says4Technical articles
Documentation from the FTC answers that the CAN-SPAM Act requires honoring opt-out requests promptly. While it doesn't explicitly forbid re-opting, doing so without express consent could be seen as a deceptive practice.
Documentation from Klaviyo answers that create and manage distinct lists for different email types, such as transactional (operational) emails and marketing emails. This will provide users with more control over what they want to receive.
Documentation from GDPR.eu explains that under GDPR, consent must be freely given, specific, informed, and unambiguous. Opting users back in after they have opted out violates the principle of freely given consent.
Documentation from Mailchimp explains that transactional emails (operational emails) are exempt from needing consent, but only if their primary purpose is to facilitate an agreed-upon transaction or update a customer about an ongoing transaction. Marketing content within transactional emails is still subject to consent requirements.