Permission: it may not be what you think it is

I’ve talked frequently about permission on this blog, and mentioned over and over again that senders should correctly set expectations at the time they collect permission. Permission isn’t permission if the recipient doesn’t know what they’re agreeing to receive.

This is graphically demonstrated in a recent lawsuit filed against Toyota for a marketing program. Toyota sent a series of emails to recipients wherein a fictitious man claimed to be on the run from the law and was coming to hide from the law at the recipient’s home.

Toyota’s official response to the lawsuit is the relevant part to other email marketers. They insist the plaintiff opted in to this marketing campaign. The view of the plaintiff and her attorney is a little different.

Toyota’s marketers used the Internet to find people who wanted to set up friends to be “punked,” and [the plaintiff] was set up by a friend of hers, [her lawyer] said.

This is something I can easily believe. A lot of marketers ask for contact information of friends in order to market to those friends. But there isn’t a whole lot of permission involved.

Toyota claims that the plaintiff, Ms. Duick, opted in when she was sent a personality test by a friend.

Tepper, Duick’s attorney, said he discussed the campaign with Toyota’s attorneys earlier this year, and they said the “opting in” Harp referred to was done when Duick’s friend e-mailed her a “personality test” that contained a link to an “indecipherable” written statement that Toyota used as a form of consent from Duick.
Tepper, said that during those legal negotiations, Toyota’s lawyers claimed Duick signed the written legal agreement, which they said amounts to “informed written consent.”

I have to wonder about the written legal agreement that would inform someone she was agreeing to receive email from a fictitious fugitive. It strikes me that any legal agreement that spelled out what she was agreeing to would have revealed the hoax. I don’t think she envisioned she was giving the same permission that Toyota thought they were collecting.

This is actually a big problem in email marketing. A lot of senders claim they have permission from recipients but what the recipient thought they were agreeing to receive is completely different. And just because a sender has permission for one type of email doesn’t mean they can start sending a completely different type of mail.

In this case, the mismatch between sender and recipient expectations didn’t just result in a poor sending reputation and delivery problems. It also resulted in a lawsuit against the sender. Senders should be more careful with permission and strive to inform recipients about what they’re opting in to receive.
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The great debate

While surfing around last night, I discovered that the email experience council is running a poll. “The Great Email Debate Topic #2 – Single Opt-In or Double Opt-In?”
The email blogs have been discussing the question for a few weeks now, since one ClickZ columnist decided to stir controversy by claiming that “it is impossible to grow a list using double opt-in.” The original column inspired many other people to comment on the issue.
This is really a tempest in a teapot. There are situations where no address should be added to a mailing list without some sort of confirmation or verification step. Senders must protect themselves from bad subscription requests and double opt-in is one way to do this. Likewise, there are situations where a single opt-in with good list management will create a very clean list. Double opt-in isn’t necessary to stop spam.
Senders who think that they can’t grow their list with double opt-in are already behind the 8-ball in terms of list management. Yes, lists will grow slower. In the present environment, many users are very used to submitting a registration to a web page and then looking in their mailbox for an email to complete the process. No longer is “double opt-in” a foreign concept. Social networking sites, web forums and mailing lists commonly use double opt-in.
The challenge is for marketers to construct a signup process that is engaging enough to convince users to check their mailbox and click on the link. Senders with good marketing strategy will be able to do this, when it’s necessary.
Not every mailing list has to be double opt-in, but every engaging list could be without decreasing the number of subscribers.

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Permission is not a legal concept

One trap I see companies fall into when looking at opt-in and permission is they seem to think that permission is a blanket thing. They believe permission can be bought and sold by the companies that collected email addresses.

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That's spammer speak

I’ve been hearing stories from other deliverability consultants and some ISP reps about what people are telling them. Some of them are jaw dropping examples of senders who are indistinguishable from spammers. Some of them are just examples of sender ignorance.
“We’re blocked at ISP-A, so we’re just going to stop mailing all our recipients at ISP-A.” Pure spammer speak. The speaker sees no value in any individual recipient, so instead of actually figuring out what about their mail is causing problems, they are going to drop 30% of their list. We talk a lot on this blog about relevancy and user experience. If a sender does not care about their email enough to invest a small amount of time into fixing a problem, then why should recipients care about the mail they are sending?
A better solution then just throwing away 30% of a list is to determine the underlying reasons for  delivery issues, and actually make adjustments to  address collection processes and  user experience. Build a sustainable, long term email marketing program that builds a loyal customer base.
“We have a new system to unsubscribe people immediately, but are concerned about implementing it due to database shrink.” First off, the law says that senders must stop mailing people that ask. Secondly, if people do not want email, they are not going to be an overall asset. They are likely to never purchase from the email, and they are very likely to hit the ‘this is spam’ button and lower the overall delivery rate of a list.
Let people unsubscribe. Users who do not want email from a sender are cruft. They lower the ROI for a list, they lower aggregate performance. Senders should not want unwilling or unhappy recipients on their list.
“We found out a lot of our addresses are at non-existent domains, so we want to correct the typos.” “Correcting” email addresses is an exercise in trying to read recipients minds. I seems intuitive that someone who typed yahooooo.com meant yahoo.com, or that hotmial.com meant hotmail.com, but there is no way to know for sure. There is also the possibility that the user is deliberately mistyping addresses to avoid getting mail from the sender. It could be that the user who mistyped their domain also mistyped their username. In any case, “fixing” the domain could result in a sender sending spam.
Data hygiene is critical, and any sender should be monitoring and checking the information input into their subscription forms. There are even services which offer real time monitoring of the data that is being entered into webforms. Once the data is in the database, though, senders should not arbitrarily change it.

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