I'm not sure if this is a CAN-SPAM topic or not but I’m hoping someone out there can answer my question anyway. Here's the scenario below.
One of my clients only sends email campaigns to existing clients in their customer database. These existing clients agreed to be contacted by my client via email campaign, but did so in person and not by opting in on my clients website as there is no opt-in option on their website.
Under those circumstances, is it enough to have unsubscribe links on the email campaign itself, or is it also required to have an "opt-out" option on the website as well… even if there has never been an "opt-in" option on the website?
Our anti spam policy is generally stricter than spam laws in most countries, however we don't require that you have an opt out form on a website (whether there is or isn't a an opt in form), but instead our instant unsubscribe link in every sent campaign.
We allow your clients to email their paying customers who have purchased goods/services in the last two years, or have received regular emails from your client since they purchased, so in these circumstances, there is no explicit opt in is required.