Email marketers - can I market to someone who purchased from me, without additional opt-in?

Yes, that's fine

Why not send them their first email and be clear that you do not want to spam them and if they do not want to have any further emails from you, then there is an unsubscribe link within each email.

I received this from one marketer recently, thought it was a great way to say ..

hey I am going to email and possibly promote to you, but I do not intend to abuse this. If I am annoying you, then you can easily get off my list. click the unsubscribe and I won't annoy you any more. (rough idea of what was said)

Guess what, I still get his emails ...

As long as they bought your product and are expecting you to deliver it to them through email =)

Your welcome and apparently for some reason they deleted my comment? Im assuming its because I put Tim's product link in the post? :confused:

Its not like it was an affiliate link or make any money recommending it.

Would have been nice to just delete the link instead of the post since many can find it useful.

As far as I understand the current laws... You do not need an opt in if someone has purchased something from your business within the last 2-5 years.

I have also ascertained that you do NOT need an unsubscribe LINK, only a clear option to unsubscribe. And you must comply with the unsubscribe request within 10 days.

This is from the FTC's website regarding SPAM laws:
www.ftc.gov/spam

Don’t use false or misleading header information. Your “From,” “To,” “Reply-To,” and routing information – including the originating domain name and email address – must be accurate and identify the person or business who initiated the message.

Don’t use deceptive subject lines. The subject line must accurately reflect the content of the message.

Identify the message as an ad. The law gives you a lot of leeway in how to do this, but you must disclose clearly and conspicuously that your message is an advertisement.

Tell recipients where you’re located. Your message must include your valid physical postal address. This can be your current street address, a post office box you’ve registered with the U.S. Postal Service, or a private mailbox you’ve registered with a commercial mail receiving agency established under Postal Service regulations.

Tell recipients how to opt out of receiving future email from you. Your message must include a clear and conspicuous explanation of how the recipient can opt out of getting email from you in the future. Craft the notice in a way that’s easy for an ordinary person to recognize, read, and understand. Creative use of type size, color, and location can improve clarity. Give a return email address or another easy Internet-based way to allow people to communicate their choice to you. You may create a menu to allow a recipient to opt out of certain types of messages, but you must include the option to stop all commercial messages from you. Make sure your spam filter doesn’t block these opt-out requests.

Honor opt-out requests promptly. Any opt-out mechanism you offer must be able to process opt-out requests for at least 30 days after you send your message. You must honor a recipient’s opt-out request within 10 business days. You can’t charge a fee, require the recipient to give you any personally identifying information beyond an email address, or make the recipient take any step other than sending a reply email or visiting a single page on an Internet website as a condition for honoring an opt-out request. Once people have told you they don’t want to receive more messages from you, you can’t sell or transfer their email addresses, even in the form of a mailing list. The only exception is that you may transfer the addresses to a company you’ve hired to help you comply with the CAN-SPAM Act.

Monitor what others are doing on your behalf. The law makes clear that even if you hire another company to handle your email marketing, you can’t contract away your legal responsibility to comply with the law. Both the company whose product is promoted in the message and the company that actually sends the message may be held legally responsible.
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NOTE: Of course, this has nothing to do with PayPal's TOS nor any specific ESP's TOS, however, the OP's question (as I interpreted it) was referring to what is allowed by the can-spam act and related laws.

Hope this helps!

Best,
Shane

P.S. - Remember to always consult an attorney and don't interpret advice from people on forums (including me!) as the truth. Always be cautious and do it the right way when it comes to your business.

P.P.S. - Also, just because something is "within the boundaries of the law" it doesn't necessarily mean that your customers will love you for it. You must find the balance between maintaining a relationship with your clients and complying with the current laws.