Confused on what type of emails violate CAN-SPAM Act...

  • 5 March 2021
  • 1 reply

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I want to make sure my emails are not violating the spam laws in the US.

I get that someone who has opted out of receiving emails (therefore suppressed) cannot receive any marketing emails.

What if someone purchases a product, has never subscribed to a list, and has never opted out of emails.

Can I send them a an email flow 180 days after their initial purchase and try to get them to buy again without violating spam laws?

This segment is setup by default in Klaviyo and is called “Win-back Opportunities”. It won’t send to suppressed profiles but it is not exclusive to subscribers. 



Best answer by julie.accardo 7 March 2021, 16:54

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Hello @ForesterJohn,


We cannot offer legal advise, however, according to our Terms of Service you will need to ensure that you have collected consent from any user you plan to email marketing content to within the platform.

A few ways you can ensure that flows are only going to opted-in contacts are as follows:

  • As long as you are routing your opted-in contacts to mailing lists within your account, you can always add those lists as filters for any marketing flows that you’re running. In other words, you can add the condition of “someone needs to be in list X” in order to receive that email.
  • You can also use profile properties such as “consent = email” as a flow filter.

As for subscribers who have opted out and are, therefore, suppressed in Klaviyo, the system will automatically exclude those users from receiving any non transactional email communication.


Hope this helps!