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Email Marketing: Is it CAN-SPAM appropriate to send emails to customers who have not explicitly given permission?
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Pamela Hazelton, Conversions, marketing, ecommerce and content. answered:

To invite them to the mailing list, yes. Typically, providers let you do this for customers who have purchased in the last year, asking them to join the list. Simply placing an order is not permission, but a one-time mailing after they've ordered appears to be appropriate.

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