We are talking about initiating a program that would email bank customers with information such as bank closures for federal holidays and for weather conditions. I don't believe this would fall under the rules of the CAN-SPAM act since there would be no promotion of products or services or a transactional message. Am I thinking correctly? I believe we should give our customers the option of opting out of these messages, but would it be a requirement?

I just want to make sure I have a total understanding when I meet with our marketing department. My worry is where this leads to in the future, but as of now, they are only talking about informational emails about bank hours/closures.

Thanks!

" no promotion of products or services or a transactional message"

So, your name will not appear on the e-mail? What possible purpose will these messages serve other than to promote the bank, regardless of whether you talk about specific products. You cannot just start e-mailing random crapola to your customers without an opt-out.

Of course our name will appear in the email.

From what I am reading it states:

Despite its name, the CAN-SPAM Act doesn’t apply just to bulk email. It covers all commercial messages, which the law defines as “any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service,” including email that promotes content on commercial websites. The law makes no exception for business-to-business email. That means all email – for example, a message to former customers announcing a new product line – must comply with the law.

No where in this section does it state simply having our business name in the email is an advertisement. If that is the case, then what is the point of having rules. Just state that any and all emails being sent to customers is an advertisement and falls under the CAN-SPAM act rules.

Well, since the penalties are $51,744 per separate email for a violation, I would be thinking long and hard about the controls you have in place to make sure you do not cross the commercial message line.

Personally, if my bank started sending me unsolicited e-mails on non-banking issue without me opting into them, it would be the last e-mail they ever sent me. I already get inundated with so much e-mail that I do not want, I don't need any from a company that I am already paying to do doing business with. Nothing like teaching your customers to hit the ignore button anytime they see your name in an e-mail, especially when you at some point of time might have something meaningful to tell them

Bankwoman - i'll pose these questions:

Are you emailing anyone about bank closing for holiday or weather that is not a client of the bank? or only emailing clients of the bank?

if the 1st answer is no and the 2nd is yes, it falls under can-spam act, because you are promoting when the business is open for service.

Certainly your opinion, but hear the opinion of others too. My bank has been repeatedly asked by regulators to show evidence of customer education on scams and risks. Especially timely messages on current scams or P2P money scams. They are implying the bank has a responsibility to educate customers on ways to safeguard themselves. Even regulators have mentioned email campaigns to existing customers.

As a consumer, not banker, I receive those exact same type of emails from banks and credit unions my family work with that the OP is referencing. Additionally, one of those banks sends communications about upcoming federal holidays and how that may impact me as a consumer.

Back to my banker life, those communications have the potential to be helpful to what the OP is asking on. Have you ever talked to a contact center on the business day after a holiday? Even with other prompts in place for call flows and web banner messages, our contact center still gets an influx of users trying to connect with the bank on holidays.

Consumers are inundated with [censored], no lie about that, but that's because they've often signed up for accounts and agreed to receive communications during the enrollment. I'm guilty as charged and if it's not something I want, unsubscribe I go.

OP never talked about the emails being unsolicited or even the process of a customer agreeing to receive them FWIW

FlyGuy - thank you. That is exactly why I was asking about CAN-SPAM and these types of emails and why our bank is looking at setting up a process to send these types of emails. We have also been asked about customer education on scams.

Happy - we would only be emailing bank customers. I appreciate the input - I simply was wondering if CAN-SPAM needed to be followed for these types of emails and you answered my question with an easy to understand reason.

Randy - I understand getting inundated with emails. I rarely check mine anymore and probably wouldn't read one from my bank (personal email) unless I was expecting it, as I rarely check my email. However, whether or not we put this in place as a bank is not up to me. I simply need to provide the team with what rules we need to follow and any issues we may see arise. I'm sure they will consider my input, but that doesn't mean it will sway their decision.

Thanks to all of you again. I appreciate it.