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#2214205 - 05/22/19 06:59 PM Automated Response Emails
Luv2run Offline
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Joined: Jan 2015
Posts: 450
Our marketing department is interested in using Micro Notes on our Website to solicit customers who may be looking for a mortgage loan. If the customer clicks the "yes, I'd like more information on a mortgage" an automated email is generated thanking them for their interest, and notifying them that someone would be getting in touch with them within 24 hours. My question is, does this necessary fall under Can Spam, and would a means to unsubscribe need to be provided?
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#2214217 - 05/22/19 08:09 PM Re: Automated Response Emails Luv2run
Adam Witmer Offline
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Joined: Sep 2010
Posts: 2,572
I would think it is covered as "commercial content" based on this FTC Q&A:

"Q. How do I know if the CAN-SPAM Act covers email my business is sending?
A. What matters is the “primary purpose” of the message. To determine the primary purpose, remember that an email can contain three different types of information:

Commercial content – which advertises or promotes a commercial product or service, including content on a website operated for a commercial purpose;
Transactional or relationship content – which facilitates an already agreed-upon transaction or updates a customer about an ongoing transaction; and
Other content – which is neither commercial nor transactional or relationship.

If the message contains only commercial content, its primary purpose is commercial and it must comply with the requirements of CAN-SPAM. If it contains only transactional or relationship content, its primary purpose is transactional or relationship. In that case, it may not contain false or misleading routing information, but is otherwise exempt from most provisions of the CAN-SPAM Act."
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Adam Witmer, CRCM

All statements are my opinion, not those of my employer, and should not be taken as legal advice.
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#2214227 - 05/22/19 09:13 PM Re: Automated Response Emails Luv2run
Richard Insley Offline
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Richard Insley
Joined: Oct 2000
Posts: 9,999
Toano, VA
The exact definition of "Transactional or Relationship Message" is:
"an electronic mail message the primary purpose of which is—(i) to facilitate, complete, or confirm a commercial transaction that the recipient has previously agreed to enter into with the sender...."

Underlying the specifics of the law is a Congressional finding and declared intention to control nonsolicited (junk) email. The nature of an autoresponder is to deliver solicited (not unsolicited) email. Since there's no definition of the term "transaction" in the act, I don't see why it can't be stretched beyond debits and credits. If you view the clickable information request and your triggered email response as a "transaction", then this service is squarely within the TORM exemption.
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#2214255 - 05/23/19 01:06 PM Re: Automated Response Emails Luv2run
Luv2run Offline
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Joined: Jan 2015
Posts: 450
Thank you both.....two different perspectives to consider!
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