When does transactional email become commercial email?

Email marketer from SuperOffice explains that to ensure emails remain classified as transactional, avoid including any promotional offers or marketing messages. The focus should be purely on facilitating or confirming a transaction or providing critical account-related information.

Expert from Email Geeks shares that a confirmation email containing words and images that constitute advertising, rather than *only* a request for confirmation can be considered marketing.

Email marketer from HubSpot responds that transactional emails should primarily focus on the transaction. Including promotional material alongside transactional content risks classifying it as commercial, triggering the need for opt-in consent and unsubscribe options. The intent behind the email's primary purpose is key.

Email marketer from Litmus suggests that blurring the lines between transactional and marketing emails can damage sender reputation and erode customer trust. If the email's primary goal is to advertise or promote, it should be treated as a marketing email, even if it contains transactional elements.

Email marketer from StackOverflow shares that once you add marketing or promotional material to a transactional email, it is not transactional anymore and you must adhere to the laws regarding commercial emails.

Expert from Email Geeks points out that the FTC order against Experian includes definitions of both transactional and commercial email, clarifying the distinction that Experian was claiming emails were transactional but were actually marketing emails.

Email marketer from Quora advises that a simple test to check if an email is commercial rather than transactional is to ask yourself: if the recipient wasn't a customer, would they still need to receive this email? If the answer is no, it's likely commercial. If yes, likely transactional.

Expert from Email Geeks explains that including a coupon or other CTA in a transactional message likely transmutes it to commercial email.

Email marketer from EmailOversight shares that while transactional emails are exempt from some CAN-SPAM requirements, including any promotional content transforms it into a commercial message and necessitates full CAN-SPAM compliance, including an unsubscribe link.

Expert from Email Geeks shares a link to an FTC press release about Experian being charged with spamming consumers with marketing emails they couldn't opt-out of, highlighting the importance of allowing opt-outs even when emails are related to user accounts.

Expert from Word to the Wise explains that an email becomes commercial when its primary purpose shifts from facilitating, completing, or confirming a transaction to promoting a product or service. The legal definition focuses on the email's purpose, while the technical definition considers how mailbox providers filter email based on content and engagement.

Expert from Spam Resource explains that if a transactional email includes a clear path to purchase that isn't logically required to complete the transaction, that's a signal it's crossing into commercial territory. Any up-selling or cross-selling elements can also signal commercial intent.

Documentation from Mailjet explains that transactional emails provide essential information about a transaction and are triggered by a specific event. Marketing emails, conversely, promote a product or service. Blurring occurs when marketing content is integrated into transactional emails, potentially requiring unsubscribe options and adherence to marketing email regulations.

Documentation from the FTC shares that if a message contains both transactional and commercial content, the primary purpose of the message is the determining factor. If the email is primarily commercial, it must comply with CAN-SPAM, even if it contains some transactional content.

Documentation from SocketLabs explains that transactional emails facilitate an agreed-upon transaction, providing information the recipient needs. When promotional content is the primary purpose, it's considered commercial. Adding marketing elements to transactional emails can blur the lines, potentially classifying them as commercial.

Documentation from SendGrid defines transactional email as triggered by a specific action a customer takes with a business. The email provides information related to that action. However, if the primary purpose shifts to promoting a product or service, or includes marketing content not directly related to the initial transaction, it transitions to commercial email.