What are the implications of the FEC ruling on Gmail's political email pilot program for email marketers?

Summary

The FEC ruling on Gmail's political email pilot program has multifaceted implications for email marketers. The FEC concluded that the program does not violate campaign finance laws, primarily focusing on the in-kind contribution aspect. Despite this, concerns linger about the program's potential effects on email deliverability, fairness, and sender reputation. The program permits political emails to bypass some spam filters, which could increase email volume in inboxes and potentially lead to more aggressive tactics from campaigns. While some suggest a possible temporary deliverability boost for political campaigns, it is generally agreed that relying solely on this program is risky. If user engagement is poor or the program is discontinued, sender reputation could be negatively impacted. Overall, the consensus is that email marketers must prioritize best practices, such as obtaining explicit consent, segmenting audiences, authenticating emails, and consistently monitoring sender reputation, to maintain optimal deliverability regardless of the pilot program. Also, the onus is now more on users to mark emails as spam, requiring marketers to be even more diligent with their sending practices.

Key findings

  • FEC Ruling Limited Scope: The FEC ruling primarily addresses campaign finance law compliance, not broader deliverability concerns.
  • Potential Deliverability Boost (Temporary): The program may temporarily improve deliverability for participating political campaigns.
  • Increased Email Volume: The bypass of spam filters could result in a higher volume of political emails in user inboxes.
  • Sender Reputation at Risk: Poor user engagement or program discontinuation could negatively affect sender reputation.
  • User Control Maintained: Gmail users retain tools to manage unwanted emails despite the pilot program.

Key considerations

  • Prioritize Best Practices: Continue following established email marketing best practices (consent, segmentation, authentication).
  • Focus on Relevance: Ensure emails are highly relevant and engaging to avoid being marked as spam.
  • Monitor Sender Reputation: Closely monitor sender reputation and adapt sending practices as needed.
  • Adapt to Changes: Stay informed about program changes and adjust email strategies accordingly.
  • Emphasize Consent: Reinforce consent mechanisms to ensure recipients actively want to receive political emails.

What email marketers say
14Marketer opinions

The FEC ruling on Gmail's political email pilot program has several implications for email marketers. The FEC determined the program doesn't violate campaign finance laws, but marketers are still concerned about the program's effect on deliverability. The program allows political emails to bypass some spam filters, potentially increasing inbox volume and raising fairness concerns. While it might offer a temporary deliverability boost for political campaigns, relying on it carries risks, as poor engagement or program discontinuation could negatively affect sender reputation. Email marketers should prioritize best practices like consent, segmentation, and relevant content to maintain good deliverability regardless of the program's status. Furthermore, building trust with recipients and adhering to deliverability guidelines remains crucial for long-term success.

Key opinions

  • FEC Ruling: The FEC ruling states that the Gmail pilot program does not violate campaign finance laws as it does not represent an in-kind contribution.
  • Deliverability Impact: The program could lead to an initial increase in the volume of political emails reaching inboxes.
  • Fairness Concerns: The program raises concerns about fairness, as campaigns with more resources might exploit the pilot program better than others.
  • Sender Reputation: Relying on the exemption carries risks; poor engagement or program changes could negatively affect sender reputation.
  • User Engagement: Increased focus on users marking messages as spam, which could be affected by content relevance.

Key considerations

  • Prioritize Best Practices: Marketers should continue to prioritize best practices such as obtaining consent, segmenting audiences, and sending relevant content.
  • Building Trust: Building trust with recipients and sending valuable content remains essential for long-term success.
  • Monitor Engagement: Closely monitor email engagement metrics (open rates, click-through rates, spam complaints) to gauge the effectiveness of political email campaigns and ensure they meet recipient expectations.
  • Adaptability: Stay adaptable and adjust email marketing strategies as the Gmail pilot program evolves or if the program's policies are altered or discontinued.
  • Authentication: Strong sender authentication is still key for deliverability.
Marketer view

Email marketer from Mailjet explains that the program allows political campaigns to bypass certain spam filters in Gmail, it could initially increase the volume of political emails reaching inboxes. However, marketers should still prioritize sending relevant and engaging content to avoid being marked as spam by recipients. A high spam rate can still negatively impact overall deliverability, even with the pilot program.

January 2023 - Mailjet
Marketer view

Email marketer from Email Geeks believes that the FEC was only reviewing the legal issue around in-kind donations.

February 2025 - Email Geeks
Marketer view

Email marketer from Reddit responds that the long-term effects on sender reputation are uncertain. If the program leads to a surge in spam complaints or low engagement, it could potentially damage sender reputation. Therefore, marketers should continue to prioritize best practices, such as obtaining consent, segmenting their audience, and sending relevant content.

July 2021 - Reddit
Marketer view

Email marketer from Email Geeks continues to ask whether low engagement will affect deliverability. He wonders whether this plan removes the natural consequences of sending to a bad list, and whether domain reputation would still be affected.

January 2024 - Email Geeks
Marketer view

Email marketer from ACLU responds that the pilot program could normalize the bypassing of spam filters for political emails, potentially leading to an increase in unwanted political messages and raising privacy concerns for users who may not want to receive such emails. It also raises questions about the potential for abuse and manipulation.

November 2023 - ACLU
Marketer view

Email marketer from Email Geeks responds that if users report the email as spam they won't see it any more but there will be no larger impact. At least from the limited details we have so far.

February 2025 - Email Geeks
Marketer view

Email marketer from Email Geeks suggests that the FEC's role was really to decide if the pilot program was an in-kind contribution.

July 2024 - Email Geeks
Marketer view

Email marketer from Stack Overflow explains that the impact on email marketers largely depends on whether they engage in political email marketing. For those who do, it could provide a temporary boost in deliverability. However, relying on this exemption carries risks. If the program is discontinued or if user engagement is poor, deliverability could be negatively affected in the long run.

March 2024 - Stack Overflow
Marketer view

Email marketer from Litmus shares that marketers should focus on building strong sender reputations through authentication, consistent sending practices, and high-quality content to maintain good deliverability rates, regardless of short-term changes in email filtering policies.

November 2021 - Litmus
Marketer view

Email marketer from Forbes shares that while the pilot program may provide a temporary workaround, email marketers should ultimately focus on building trust with recipients and sending valuable content that aligns with their interests and preferences to ensure long-term success and avoid being marked as spam.

November 2021 - Forbes
Marketer view

Email marketer from Email Geeks explains that the FEC ruling only opines on whether the proposed pilot program would violate Federal election and campaign finance law by giving preferential treatment to political campaigns, concluding it would not. She elaborates that the program might convince campaigns to avoid spam if enough users mark their emails as spam.

December 2024 - Email Geeks
Marketer view

Email marketer from Search Engine Land reports that the RNC alleges that Gmail disproportionately filters Republican fundraising and campaign emails as spam. The pilot program aims to address these concerns by allowing political committees to apply for an exemption from spam filtering, ensuring their emails reach the inbox of consenting users.

March 2021 - Search Engine Land
Marketer view

Email marketer from Campaign Legal Center shares that the FEC's decision could open the door to more aggressive tactics by campaigns to reach voters, potentially overwhelming inboxes with political messages. It also raises concerns about fairness, as campaigns with more resources may be able to take greater advantage of the program.

August 2021 - Campaign Legal Center
Marketer view

Email marketer from Email Geeks asks whether the Gmail pilot program for political emails will affect sender deliverability negatively. He suggests that the rules should be applied uniformly and that Gmail has done a good job of this.

November 2021 - Email Geeks

What the experts say
1Expert opinion

The FEC ruling shifts more responsibility onto users to mark unwanted political emails as spam. Therefore, email marketers must prioritize obtaining and maintaining user consent to ensure recipients genuinely want to receive their messages. Campaigns should be meticulous in their sending practices to avoid being flagged as spam.

Key opinions

  • User Responsibility: The FEC ruling increases the user's role in marking unwanted emails as spam.
  • Importance of Consent: Email marketers must focus on obtaining and maintaining explicit user consent.
  • Careful Sending: Campaigns need to be very careful with their sending practices to avoid being marked as spam.

Key considerations

  • Prioritize Consent: Implement robust consent mechanisms to ensure recipients actively opt-in to receiving political emails.
  • Maintain Relevance: Ensure that email content is highly relevant and engaging to minimize the likelihood of users marking emails as spam.
  • Monitor Feedback: Pay close attention to user feedback, including unsubscribe requests and spam complaints, and adjust sending practices accordingly.
Expert view

Expert from Word to the Wise responds that email marketers need to stay on top of consent and make sure that people who are getting these messages actually want them. Additionally, the ruling places more responsibility on the user to mark messages as spam which means campaigns should be very careful with their sending practices.

November 2021 - Word to the Wise

What the documentation says
3Technical articles

The FEC ruling determined that Google's pilot program for political emails does not violate campaign finance laws. Despite this, Gmail users retain control over their inbox through tools like unsubscribing, spam marking, and filtering. Regardless of the pilot program, email marketers should adhere to established best practices, including obtaining explicit consent, authenticating emails, monitoring sender reputation, and segmenting audiences to maintain deliverability.

Key findings

  • FEC Conclusion: The FEC concluded the pilot program does not violate campaign finance laws.
  • User Control: Gmail users retain tools to manage their inbox and unwanted emails.
  • Best Practices Remain: Established email deliverability best practices remain essential.

Key considerations

  • Maintain Consent: Obtain explicit consent from recipients.
  • Authenticate Emails: Properly authenticate emails to ensure deliverability.
  • Monitor Reputation: Monitor sender reputation and address any issues promptly.
  • Segment Audience: Segment the audience to ensure relevance and engagement.
Technical article

Documentation from M3AAWG explains that marketers should continue to follow established best practices for email deliverability, such as obtaining explicit consent, authenticating their emails, monitoring their sender reputation, and segmenting their audience to ensure relevance and engagement. These practices are essential for maintaining good deliverability rates, regardless of the Gmail pilot program.

June 2021 - M3AAWG
Technical article

Documentation from Federal Election Commission explains that the FEC concluded that Google's proposed pilot program, which would allow certain political emails to bypass spam filters, would not violate federal campaign finance laws because it would not constitute a prohibited in-kind contribution.

January 2022 - Federal Election Commission (FEC)
Technical article

Documentation from Google explains that Gmail provides users with tools to control the emails they receive, including the ability to unsubscribe from mailing lists, mark emails as spam, and create filters to manage their inbox. Users can use these tools to manage unwanted political emails, regardless of the pilot program.

September 2024 - Google Support