What are the CAN-SPAM and CASL requirements for unsubscribe confirmation pages, preference updates, and email re-entry?
Summary
What email marketers say14Marketer opinions
Email marketer from Email Geeks explains that the harder it is to unsubscribe, the more complaints you will get. Having to re-enter the email address adds too much friction.
Email marketer from Zoho states that under the CAN-SPAM Act, it is crucial to monitor what others are doing on your behalf. You're responsible for ensuring that anyone you hire to handle your email marketing complies with the law. Therefore, make sure they comply with all unsubscribe requirements.
Email marketer from Email Geeks explains that when you create the logic behind your unsub, make sure it accepts addresses with the `+` tag. He personally bristles when I cannot unsub his address because the logic replaces the `+` character with a space.
Email marketer from EmailToolTester explains that CASL applies to any commercial email sent to a Canadian resident, regardless of where the email is sent from. Therefore, if you have Canadian subscribers, you must comply with CASL, including the unsubscribe requirements.
Email marketer from Litmus recommends providing a preference center where subscribers can manage their email frequency or topics. However, also include a prominent one-click unsubscribe option for those who want to opt out completely. CAN-SPAM allows for preference centers as long as a clear opt-out is also provided.
Email marketer from Email Geeks says to put the 'stop all email button' at the top or at least extremely obvious. Too many subscription preference pages have the full opt out as the last option on the page, and in the smallest font
Email marketer from Sender explains the importance of easily accessible unsubscribe links and avoiding dark patterns that might trick users into staying subscribed. They emphasize transparency and giving users control over their subscription preferences.
Email marketer from ActiveCampaign shares that its important to remember that unsubscribes must apply globally across all email types if that's what the user intends. Don't make users unsubscribe from each list individually, unless they specifically choose to manage preferences instead.
Email marketer from Email Geeks says that re-entering email will only increase complaints. There should be no reason not to include email (hashed obv) other than a tooling setup issue.
Email marketer from Mailjet shares that best practice is to make unsubscribing as simple as possible. This generally includes a one-click unsubscribe option. CAN-SPAM requires honoring unsubscribe requests within 10 days and making the mechanism available for 30 days after sending.
Email marketer from Campaign Monitor recommends always including a visible and working unsubscribe link in every email. Make sure it is easy to find and understand. Don't hide it in small print or use confusing language.
Email marketer from Automizy explains that CASL mandates a clearly displayed unsubscribe mechanism in every commercial email. This mechanism must be easy to use and allow recipients to unsubscribe immediately. You must comply with the request within 10 business days.
Email marketer from Hubspot explains that CASL requires either express or implied consent to send commercial emails. The unsubscribe mechanism is especially crucial for managing implied consent. If someone unsubscribes, you can no longer send them emails based on implied consent.
Email marketer from Pardot recommends building an email preference center to allow users to manage their email subscriptions. This helps avoid unsubscribes by giving them more control. Make sure the option to unsubscribe from all emails is still readily available.
What the experts say5Expert opinions
Expert from Email Geeks shares that offering to let people opt-down instead of out is fine as long as there’s a clear “stop all email” option. Asking for an optional “why did you unsubscribe” is fine, requiring it isn’t. You CANNOT require any action beyond visiting a web page, entering an email address and taking a single action (click the button). You SHOULD NOT require entering the email address.
Expert from Email Geeks mentions legislation allows requiring the email address to grandfather in old mailing lists with static unsubscribe pages but advises against it. If you don’t include an opaque or authenticated token in the unsub link, others can modify subscriptions if they know the email address. Asking for the email address when you have a token means you’re either incredibly incompetent or just being a dick about it.
Expert from Spamresource explains that CAN-SPAM primarily targets commercial messages, meaning its unsubscribe requirements are most critical for emails advertising or promoting a product or service. Transactional messages are excluded.
Expert from Word to the Wise explains the significance of easy, one-click unsubscribe options and the consequences (e.g. spam complaints, sender reputation damage, deliverability issues) of not respecting subscriber preferences. It emphasizes avoiding friction in the unsubscribe process.
Expert from Spamresource clarifies the definition of 'commercial email' under CAN-SPAM. It is defined as any electronic mail message, the primary purpose of which is the commercial advertisement or promotion of a commercial product or service. Understanding this definition is crucial in determining whether the unsubscribe requirements apply to a given email.
What the documentation says5Technical articles
Documentation from Federal Trade Commission explains that the CAN-SPAM Act requires a clear and conspicuous explanation of how the recipient can opt out of receiving future emails from you. The process can be by a return email address or another internet-based way. Also, the sender must honor opt-out requests promptly, within 10 business days, and the mechanism must be active for at least 30 days after transmission.
Documentation from Canadian Radio-television and Telecommunications Commission specifies that the unsubscribe mechanism must be set out clearly and prominently, and be easy to use. The recipient shouldn't have to pay a fee, and the unsubscribe request has to be processed within 10 business days.
Documentation from Sendinblue notes that under CASL, the unsubscribe link must be functional for at least 60 days after the email is sent. You need to process unsubscribe requests promptly and at no cost to the recipient. Ensure the unsubscribe process doesn't require recipients to log in or provide personal information beyond their email address.
Documentation from Competition Bureau Canada explains that CASL requires all commercial electronic messages (CEMs) to include an unsubscribe mechanism that allows recipients to easily opt-out of receiving future messages. The unsubscribe mechanism must be functional for 60 days after the message is sent. The sender must process the unsubscribe request without delay, and no later than 10 business days after it is made.
Documentation from U.S. Small Business Administration states that its important to regularly update your subscriber list to remove those who have unsubscribed. Under CAN-SPAM, continuing to send emails to someone who has opted out can result in significant penalties.