Best Practice for Opt In

  • 30 October 2023
  • 2 replies

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I’m wondering what best practice is for account sign up on a retail website. By creating an account the user opts in for transactional emails. Would it be ethical and legal to automatically opt them in to promotional emails at that time (with appropriate and obvious messaging to indicate this) and allow them to opt out anytime?


OR should I include an opt in option for them to manually opt in to receive promotional emails in one the of the transactional emails they originally consented to?


Thank you!


Best answer by Ashley I. 30 October 2023, 21:46

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Userlevel 6
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Hi @jillwright86,

Welcome to the Community! 

Thank you for the excellent question regarding opt-in and consent to receive messaging. 

Consent is different for transactional vs. marketing messages, too. You need explicit opt-in consent to send marketing emails and an easy way for people to unsubscribe via an unsubscribe link. But for transactional emails, the transaction itself constitutes consent because these emails are necessary to complete the transaction.

Either of the following approaches would be acceptable:

  1. Add an email marketing opt-in checkbox (left unchecked by default) when a user signs up. Listed separately from the transactional opt-in verbiage
  2. Add a CTA to opt in for marketing messages separately within the body of the transactional email

Both options would result in the user providing their explicit consent to receive marketing messages from your brand, aside from the transactional emails you plan to send. 


Hope this helps!

-- Ashley Ismailovski

Userlevel 6
Badge +21

Hey @jillwright86 ,

You did mention people opting into Transactional emails. Typically, this type of email doenst require an opt in. A transactional email would be something like an order receipt or a shipping confirmation. 

If you are gathering an opt-in, it is likely a marketing email you are sending out anyways. Can you give us a few more details about how someone is opting in? What actions are they taking to trigger a transactional email? And what is in the transactional email?

Here is some more info on transactional emails: