Is it possible to send emails to implicit consent profiles?

  • 3 February 2024
  • 3 replies

Userlevel 1
Badge +2

Hi everyone,

I do have a question about how you guys deal with implicit consent profiles. In my case, these are the people that give us their mail addresses but they do not click to opt in our email marketing. We still send flows for these people (abandoned check out, browse abandoned, viewed abandoned, etc.) but tend to not send any campaigns

My question is:

Is it possible to send flows and campaigns to these people?


Best answer by bluesnapper 5 February 2024, 09:29

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3 replies

Userlevel 4
Badge +12

Hi there,

Yes it is possible, but it’s not recommended at all!

If they have not opted in to receive Marketing communications from you, then you’re probably sending them transactional emails only (the flow emails are skipped as they haven’t consented)

Example: Most of the Skipped emails in this case, are skipped due to non consent (never subscribed or unsubscribed at some point)

Flow emails (checkout etc) along with campaigns, are considered Marketing communications, so customers will not receive them if they haven’t opted in.

In case you’re sending comms to people who haven’t consented to receive them, then I’d suggest the following:

  1. Stop sending them Marketing comms as this could have negative impact on your deliverability pretty fast (and it’s illegal)
  2. Target these emails with a dedicated sign-up form, so they consent.
  3. Add related messaging in your Transactional emails, so they opt-in.

Hope that makes sense,

Userlevel 7
Badge +36

Hi @Konic Group 

Just to clarify @stam_marko comments:

You can technically send campaign and flow emails to any contact whether they have subscribed or not (never subscribed). However, Klaviyo will not allow you to email any contact that has been suppressed. Reasons for suppression include unsubscribes/flagged as spam, invalid email, bounced, or you've manually suppressed them.

Should you send marketing emails to contacts who have never subscribed? In general, the answer is no for ethical/reputation reasons as they haven't opted-in. Engagement will likely be poor anyway and risk of unsubs/spam flagging. In any case, in the the UK/Europe (where I am), GDPR regs are stricter than in other countries: contacts must provide explicit opt-in to receive marketing communications. In other countries, such as the US, the CAN-SPAM Act only requires that a contact has the ability to opt out of receiving marketing emails so that may be a factor for you.

On the point of transactional v marketing emails, I think there are some grey areas! Are abandoned checkout emails "transactional"? Strictly speaking, they are not because they're not related to an order that's been placed. However, they've explicitly started a purchase but not yet completed it. I would argue that these types of emails, if showing details of their incomplete transaction and you're helping them achieve that goal, can be sent to 'never subscribed'. However, I only send browse/view abandon emails to opt-ins as there is no explicit intent yet to purchase. Others on here may have different views!

Hope that helps


Userlevel 1
Badge +2

Thank you guys a lot, I really see some insights here 👍🏻

Best regards,