We are in the process of building out our subscription center and a question came up regarding the people who have already chosen to unsubscribe from our emails. Prior to this subscription center, customers only had the option to globally unsubscribe from our emails. With the subscription center, customers will be able to choose from a list of email types (newsletter, event notification, etc.). Since these users have globally unsubscribed, they will not receive our email about the new subscription center unless we send them an operational email. We are not sure if this type of email would be considered operational, and since we are trying to avoid violating any CAN-SPAM laws, I was hoping someone would be able to give us an answer.
Lost of discussions on this in the community. The answer is not simple. It first of all depends on geographies and on the business your are in and your targets.
It's very likely Marketing newsletter are not operational, but product newsletters can be. Event registration confirmations are operational, but event invites are not.
Hey John, I'd look at a number of things -- including how long ago someone unsubscribed, and the overall number of people you're looking at "losing". If you have a business relationship with these people there is some gray area as to how you can message them, but you should still be getting them to opt-in, and not just re-adding them to your lists and expecting them to update their preferences if they don't want to hear from you.
When you're getting them to opt-in, if they aren't familiar with your company name or used to receiving/opening/actioning emails from you, it's highly unlikely that you'll see a huge return from a mailing. That's why I'd look at how long ago they unsubscribed, and if the overall number of people is worthwhile to do a mailing like this.