Transactional mail can be spam

Marketers have a thing about transactional mail. In the US, transactional mail is exempt from many of the CAN SPAM regulations. If they label a mail transactional, then they can send it even when the recipient has opted-out! The smart marketer looks for opportunities to send transactional mail so they can bother spam get their brand in front of people who’ve opted out.

Enter the anniversary, birthday or holiday message. If a message is sent once per year and is based around some event, then it’s classified as transactional. But these messages aren’t really transactional. There’s nothing the recipient did. The only “transaction” is the passage of time.

These kind of fake transactional messages are just legal spam, particularly if the recipient has opted out of marketing mail.

I mentioned this on the email geeks slack channel, along with the comment that if companies were going to ignore preferences they should at least offer recipients something for reading their spam. One smart person pointed out that if the messages contained rewards, like a percentage off, then it’s not transactional mail any more and it’s a clear violation of CAN SPAM and other laws.

There are, of course, legitimate transactional messages. My favourite definition of transactional message is a message confirming or completing an action initiated by the recipient. The whole point of carving out transactional messages from CAN SPAM is for the recipient, not for the sender. Any truly transactional mail, therefore, must benefit the recipient more than the sender.

There are also cases where one time emails benefit the recipient, but are not generated due to a direct interaction by the recipient. One common case of this is messages alerting users that a particular product is back in stock. These messages are wanted by the user, and they benefit the user, but the timing of their send isn’t related to a user’s action. Timing is dictated by restocking timelines. In discussions with clients, I describe these types of messages as triggered rather than transactional.

Transactional mail must center the recipient. If a recipient has opted out from mail from a company, then they probably don’t want to receive marketing mail, even if the subject line is Happy Birthday or Happy Anniversary.

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We recently moved co-working spaces, after 8 or 9 years in the same place.  I’ll be up front here, we left Space A because I was annoyed with them. I’ve been increasingly unhappy with them for a while, but moving is a pain so just put up with them. But their most recent rent increase along with the lost packages, increasing deposit requirements and revolving door of incompetent staff finally drove us to find a new co-working space.
On the 15th of the last month of our contract, I started receiving marketing emails from Space A. I just deleted a couple of them but finally decided I didn’t want to ever see their name again. I tried to unsubscribe.

Gotta give them credit. Checkboxes for everything, except some of them are to opt-in and some of them are to opt-out. This is the kind of interface marketers use to confuse folks and limit the actual number of opt-outs. I’ll admit, the first time I tried to opt-out, I probably did it wrong. But, I know CAN SPAM says they have 10 days, and I know many marketers take advantage of that so I wait a while and keep deleting the messages that show up in my mailbox.
That was late June. By early July I realize it’s been more than 10 days and I’m still getting mail from them. So I click another opt-out link. This time I notice I need to uncheck most boxes, but check the bottom one. OK, fine, you got me, I didn’t read and didn’t correctly opt-out the first time. This time I will.
I continue to receive email. I continue to delete the email. We run our own mail system so I don’t have the benefit of a this-is-spam button, but you can bet if I did I would have used it, on every message I received after my first attempt to opt-out.
This week, after getting yet more mail, I start digging. What ESP are they using that’s bungling the opt-out process? Ah. I know that ESP. So I send in a complaint to abuse@ESP asking them to please make their customer stop mailing me. I also go, once again, to the preference page and submit an opt-out request. Because, hey, maybe third time is a charm?
12 hours later I get yet another mail from them. Really? REALLY? OK. Now I’m moving from annoyed to irate. First step: figure out if I know anyone working at said ESP. Ah, right, them. I have a lot of respect for this colleague, so I send a heads up pointing out that their customer isn’t honoring unsubscribes and can they take a look at what might have broken in their unsubscribe process.
This morning they tell me they looked into my subscription and have not registered any opt-out request until the one this week. The other two? Not recorded in their system. “Does this match your recollection of what happened?” No. No it doesn’t. I know I clicked on unsub links at least 3 times and only one of those clicks is recorded.
At this point, I’m pretty sure I’ll be suppressed by the ESP so I won’t have to get mail from Space A any longer. That fixes the annoyance on my end. But I can’t help thinking about how horrible this interaction was, both from a deliverability perspective and from a customer perspective.

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