What types of operational email can you send your customers?

[Nate_Oosterhous]

Hi All!

Question:

What types of operational email can you send your customers?  Can you ignore unsubscribes when sending customer satisfaction surveys, other surveys, product education emails, etc? 

A list or the types of emails you can make operational for customers in Canada and the US would be awesome.  I can't seem to find the right information.

Thanks ahead of time!

[Devraj_Grewal]

Nate,

Not sure if there are laws against exactly what you can send as I believe that's your discretion. But Marketo advises that you should only send to unsubscribed when they cannot consider the email as unsolicited spam. We only send to unsubscribed customers when it's a critical product update that requires their attention or a maintenance issue that affects them. Marketing emails like surveys are not suggested at all.

[Josh_Hill13]

The principle is what matters.

Operational is usually ok when

• you said you'd send an email on the page (we'll send you a whitepaper link)
• lead asked for contact - Contact Us
• lead can reasonably expect a response - free trial, webinar reg, event reg
• you have a customer and they would need info like Devraj describes (NOT upsell)

So I  don't send Webinar follow ups as Operational because I don't really think it's appropriate, but I know others disagree. I tend to err within the law.

Here are my CASL notes, but this is NOT legal advice:

• Commercial message
• Electronic of any type
  • VM and Fax excluded
• Sent to or From server in Canada
• Exceptions
  • someone asked for help
  • between organizations with a relationship
  • notice of legal rights (contracts)
  • notice of product
• Referralsr
  • Sender can send 1 message and make note of who referred to Recipient A
  • Recipient A and Referrer should have relationship
  • Referrer and Sender must have relationship
• No Consent Required for
  • Providing a quote
  • confirming a transaction
  • providing warranty, recall, safety, or product recall info
  • Ongoing use of a product or sub
  • delivers goods, updates, or upgrades
• Implied Consent
  • Existing relationship - within 2 years of purchase
  • within 6 months of inquiry
  • Conspicuous Publication (vague)
  • email or phone provided by recipient with above restrictions
• Explicit Consent
  • opt in, no precheck - but ok to just have email address if it’s clear they are opting in.
  • must say you can unsub
  • must identify self and address
  • must be clear they are opting in.
• Proving Consent
  • Log Date Time
  • IP Address
  • URL and Form
  • retain image of forms