Commercial email messages are governed by CAN-SPAM law that organizations are obligated to adhere to for their email marketing programming. However, as part of your business related to your members and constituents, there are transactional email notifications that need to go out regardless of explicit unsubscribes. For these, we consult the Federal Trade Commission's guidelines on the topic and list out use cases specific to associations. This is a helpful guide to consult when identifying whether an email is commercial versus transactional. Additionally, we include specific instructions for how you will manage transactional emails inside of the Adestra MessageFocus email platform.
Note: The primary purpose of the message determines if the email is commercial or transactional; if the message contains both types of content.
Source: ftc.gov