We have two programs that marketing uses, one for all customers (including mortgage) and then a second one for just mortgage customers. If we have mortgage customer that opts out marketing in the program that goes out to all customers, do we also opt them out of the program that is directly for mortgage customers? Or do they have to opt out for each program?

I suppose the wording on your disclosures may differentiate these but if these are both with the ABC Bank, if I opt out I assume it would be from all ads or I would have a distinct choice or 1, 2 or both so I am informed.

If I opt out and assume it was both and then you contact me again, I may be peeved.

It may also vary by medium. Say I get a text and reply with "stop" - I assume that is automated and for text only as it generally says "from text messages." If I got an email and it asked if I wanted to opt out of all ads, I would assume there "all" means all.

Thank you Andy_Z for your response! I appreciate the guidance.

FWIW I agree with Andy.

The email solicitation may be considered 2 separate programs internally but as far as the customer is concerned they are getting email solicitation from the bank and if they opt out of the email solicitations then they are opting out form the bank's email solicitations. I guess I would ask how does your customer know you consider the email solicitation to be separate programs. To them they are getting solicitations from the bank.

I haven't had the need to look at CAN SPAM for awhile but I don't recall any mention the customer has to opt out from specific programs. I think the Act pretty well implies if the customer opts out they opt out from all email solicitations from that particular company.