What are the legal and deliverability implications of including promotional content in transactional emails?
Summary
What email marketers say9Marketer opinions
Email marketer from Reddit shares that including promotional content in transactional emails can lead to higher spam scores and lower engagement rates. ISPs may view such emails as unwanted, impacting overall deliverability. They recommend keeping transactional emails purely transactional.
Email marketer from G2 explains that while including promotional content in transactional emails might seem like a good idea, it's generally not a best practice. It could annoy customers and damage the relationship if not handled carefully.
Marketer from Email Geeks explains that including promotional content in a transactional email reclassifies it as a promotional email. Consequently, it must adhere to promotional email guidelines, such as not being sent to recipients who have unsubscribed from marketing communications and including unsubscribe links.
Email marketer from Email on Acid states that while technically possible to include promotional content, it could decrease trust in the brand and lower overall engagement. Focus should be on clarity and fulfilling the immediate transaction, not upselling.
Marketer from Email Geeks points out that legally, adding promotional content to a transactional message changes its legal classification to promotional. This carries legal risks that vary depending on location.
Email marketer from Litmus shares that mixing promotional content with transactional emails can expose senders to legal risks under laws like GDPR and CAN-SPAM. They suggest carefully segmenting email types to ensure compliance, as sending promotional content to users who haven't opted-in is a violation.
Email marketer from Quora shares that including promotional material in transactional emails can dilute the primary purpose of the message, which is to confirm or facilitate a transaction. This could lead to lower customer satisfaction and less engagement.
Email marketer from Stack Overflow explains that mixing promotional and transactional content can affect sender reputation. He suggests that if promotional content is a significant part of the message, it should be treated as a promotional email with appropriate consent and unsubscribe options.
Email marketer from SuperOffice indicates that including promotional content in transactional emails can blur the lines of communication, reducing the effectiveness of both types. It's better to keep them separate for clarity and better results.
What the experts say3Expert opinions
Expert from Spam Resource emphasizes the importance of CAN-SPAM compliance even for transactional emails that contain some promotional content. She explains that including marketing material requires an unsubscribe link and adherence to other CAN-SPAM provisions, especially since laws are written to protect consumers, not email marketers.
Expert from Email Geeks shares that the primary concern with including promotional content in transactional emails is legal compliance rather than deliverability. Marketing messages have specific legal requirements that transactional emails do not, emphasizing the importance of allowing recipients to opt-out of transactional emails, especially those not triggered by a direct transaction.
Expert from Word to the Wise advises caution when mixing promotional content with transactional emails. They explain that doing so can negatively impact sender reputation if recipients perceive the email as unwanted or misleading, potentially leading to increased spam complaints and decreased deliverability.
What the documentation says4Technical articles
Documentation from SparkPost notes that promotional content can lead to higher spam filtering and lower deliverability rates if a transactional email is perceived as primarily marketing-focused. Strict separation of email types is recommended for best results.
Documentation from Mailchimp explains that including promotional content in transactional emails can blur the lines between transactional and marketing messages, potentially violating CAN-SPAM Act rules if recipients haven't opted in to receive marketing content. Transactional emails must primarily facilitate an agreed-upon transaction.
Documentation from SendGrid explains that including promotional content in transactional emails may affect deliverability and sender reputation, as ISPs may filter these messages as promotional, especially if unsubscribe options are missing. It is essential to adhere to best practices for each email type.
Documentation from the FTC explains that CAN-SPAM Act differentiates between commercial and transactional messages, dictating different rules for each. Adding promotional elements to transactional emails may require compliance with commercial email regulations, including unsubscribe mechanisms and accurate subject lines.