You might be a spammer if…

… the best thing you have to say about your email practices is “They’re CAN SPAM compliant.”
… text to .gif is a vital part of your email generation process
… you have to mail from multiple ESPs in order to get good delivery
Please contribute your own in the comments.
I’d also like to thank Al for guest posting 2 days this week. Thanks, Al!

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Buying lists and other stupid marketing tricks

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:

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Aiding and abetting violations of CAN SPAM

The US DOJ announced today the guilty plea of David Patton. Patton was charged with “aiding and abetting violations of the CAN SPAM act. Software written by Patton’s company provided the ability to modify email headers and use open proxies to disguise the source of the email.
The Ralsky convictions are, to the best of my knowledge, the first criminal prosecution for CAN SPAM violations and so far 9 of the 12 defendents charged have pled guilty.

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TWSD: Run, hide and obfuscate

Spammers and spamming companies have elevated obfuscating their corporate identities to an artform. Some of the more dedicated, but just this side of legal, spammers set up 3 or 4 different front companies: one to sell advertising, one or more to actually send mail, one to get connectivity and one as a backup for when the first three fail. Because they use rotating domain names and IP addresses all hidden behind fake names or “privacy protection services”, the actual spammer can be impossible to track without court documents.
One example of this is Ken Magill’s ongoing series of reports about EmailAppenders.
Aug 5, 2008 Ouch: A List-Purchase Nighmare
Sept 9, 2008 Umm… About EmailAppenders’ NYC Office
Sept 15, 2008 E-mail Appending Plot Thickens
Nov 11, 2008 EmailAppenders Hawking Bogus List, Claims Publisher
Dec 23, 2008 Internet Retailer Sues EmailAppenders
Feb 1, 2009 EmailAppenders Update
Mar 10, 2009 Another Bogus E-mail List Claimed
April 14, 2009 EmailAppenders a Court No-Show, Says Internet Retailer
April 21, 2009 EmailAppenders Gone? New Firm Surfaces
May 5, 2009 EmailAppenders Back with New Web Site, New Name
Their actions, chronicled in his posts, are exactly what I see list providers, list brokers and “affiliate marketers” do every day. They hide, they lie, they cheat and they obfuscate. When someone finally decides to sue, they dissolve one company and start another. Every new article demonstrates what spammers do in order to stay one step ahead of their victims.
While Ken has chronicled one example of this, there are dozens of similar scammers. Many of them don’t have a persistent reporter documenting all the company changes, so normal due diligence searches fail to turn up any of the truth. Companies looking for affiliates or list sources often fall victim to scammers and spammers, and suffer delivery and reputation problems as a result.
Companies that insist on using list sellers, lead generation companies and affilates must protect themselves from these sorts of scammers. Due diligence can be a challenge, because of the many names, domains and businesses these companies hide behind. Those tasked with investigating affiliates, address sources or or mailing partners can use some of the same investigative techniques Ken did to identify potential problems.

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