There should be option within the Transactional menu, to build an automated workflow, the same way you can build a workflow in Automation. An example of a use case here would be followup information on an order, where the email was triggered if the order was a part of a specific segment. In our case, we send product care emails based on what someone has purchased. These email are not promotional in nature, therefore, they should be deployed from the Transactional menu where the DNM list does not apply.
There should also be the ability to build transactional campaigns. An example of a use case here would be a product recall. You would build your recall list or segment, then you would need a way to send it so the DNM list does not apply.
I've seen other vendor simply have a checkbox to indicate when a campaign is transactional or (as in the case with the Maropost platform), have a separate area where transactional mailings are created.
We've had this request come up numerous times. The problem is that we are caught in a chicken-and-egg conundrum.
Segments only select active subscribers. By definition, this excludes contacts that have been added to the DNM list. Therefore it makes no difference to send to a segment of contacts and ignore the DNM list.
Being able to create a segment of all contacts including inactive contacts is a different conversation and one that I would not consider implementing -- at least not without prior consultation of our legal council. Were a marketer to send a mailing to inactive contacts -- regardless of whether accidental or intentional -- Maropost is potentially culpable for not implementing proper governance to prevent such an occurrence.
The penalties for CASL violation are much more onerous than those for CAN-SPAM. Hence the likelihood of implementing such a capability to send to inactive contacts is very slim.
My prior employer was an ESP (E-dialog/Ebay Enterprise/Zeta Interactive). They solved this issue by including a checkbox at the bottom of the segment builder that was pre-checked to suppress inactive contacts. You could uncheck the box and a popup would warn you of the consequences and you would be obligated to accept.
This was also a feature in the general campaign builder. You could manual select to send to inactive contacts by marking the mailing as transactional. The same warning/acceptance popup would appear.
Note that this is a feature (creating segments to mail a transactional message) that is prevalent in almost any major ESP with ecommerce clients.