CAN SPAM pre-emption in the courts
Ethan Ackerman has a summary of recent cases where judges are splitting over rulings on CAN SPAM pre-emption.
Ethan Ackerman has a summary of recent cases where judges are splitting over rulings on CAN SPAM pre-emption.
Whatever one might think about confirming opt-ins I think we can all agree that requiring someone to jump through hoops and confirm an unsubscription request will just annoy that person.
Today I attempt to opt-out from a discussion list. It’s one I *thought* I had opted out of previously, but I could find no record of the request anywhere. OK. So I imagined unsubscribing, I’ll just unsub again and keep better records.
After digging through the headers, I find the unsub link and dutifully mail off my unsubscribe request. I then receive an email that requires I click on a link to confirm my unsub request. This causes me to grumble a bit. I have heard all the arguments about forged unsub requests and the various reasons this is good practice. I believe none of them. Requiring people to confirm an unsubscription request is bad practice.
In this case, the mailing list is a discussion list so there is no CAN SPAM violation. However, I know that some commercial mailing lists have also implemented confirm your opt-out request. For commercial mailing lists, this is a CAN SPAM violation. It’s also just plain rude. If someone says, “Stop!” then you should stop, no questions asked
Back in November, I commented on Zoominfo and that they were selling senders very bad lists. At that time, Zoominfo did not have my current information. They have since rectified that problem and are now selling my information to people.
This morning, I received an email that said:
Last week I commented on negative branding in email. One of the comments on that post was an advertisement for a company called WrapMail. In the course of attempting to determine if this was spam or a real comment, I checked out their website. While the comment itself may not be spam, and it may not be providing services to spammers, the entire business model strikes me as a delivery nightmare.
Briefly, once you sign up with this company, you set your mail client to use their SMTP server. As all of your mail goes through their server is it “wrapped” with a HTML template of your choosing. All of your email is now branded with that template, allowing you to formally advertise your business even during the course of standard business communications.
There are multiple ways this can negatively impact a specific brand.