I'm not sure of the bindingness of this page [1], but the FTC says that transactional-vs-promotional is determined by what what a recipient "reasonably interpre

I'm not sure of the bindingness of this page [1], but the FTC says that transactional-vs-promotional is determined by what what a recipient "reasonably interpret[s]" it as, not what the sender says it is. Not that this prevents the kind of abuse that you mention, but I find if I send a email responding to the kind of email you mention and I politely explain how it is a violation of CAN-SPAM and if reported is a five-figure fine per email, then I magically get added to some sort of "do not send promotional emails that we call transactional" opt-out. [1] https://www.ftc.gov/business-guidance/resources/can-spam-act-compliance-guide-business https://www.ftc.gov/business-guidance/resources/can-spam-act...