Registration is not permission

“But we only mail people who registered at our website! How can they say we’re spamming?”
In those cases where website registration includes notice that the recipient will be added to a list, and / or the recipient receives an email informing them of the type of email they have agreed to receive there is some permission involved. Without any notice, however, there is no permission. Senders must tell the recipient they should expect to receive mail at the time of registration (or shortly thereafter) otherwise there is not even any pretense of opt-in associated with that registration.
Take, for example, a photographers website. The photographer took photos at a friend’s wedding and put them up on a website for the friend and guests to see. Guests were able to purchase photos directly from the site, if they so desired. In order to control access, the photographer required users to register on the site, including an email address.
None of this is bad. It’s all standard and reasonably good practice.
Unfortunately, the photographer seems to have fallen into the fallacy that everyone who registers at a website wants to receive mail from the website as this morning I received mail from “Kate and Al’s Photos <pictage@pictage.example.com>.” It includes this disclaimer on the bottom:

This email was sent by Pictage, Inc. to laura-tagged@mydomain.example.com, a registered user on www.pictage.com or an affiliated partner. If you’d rather not receive future email from Pictage, please click here.

No. No. No. Bad Sender. No Cookie.
I registered because I wanted so see specific photos on your website. Not because I want to receive email from you. I read your privacy policy (http://www.pictage.com/static/about/termsofservice.html) and there was nothing on there about sending mail. You didn’t mail me a welcome message. You didn’t tell me I’d be receiving advertising from you. You simply added me to a mailing list and then, 3 months later, sent me an email. And you didn’t just spam me, but you spammed a bunch of Al’s closest friends (many of whom are also delivery and anti-spam folks and at least one of whom is a spamhaus volunteer).
This is a very bad way to run a mail campaign. There was no information about email in the privacy policy. There wasn’t an opportunity to opt-out at registration. There was no welcome message alerting me to the chance that I’d receive mail from you in the future.
Registration is not an opt-in request and does not confer permission for the sender to add the receiver to a mailing list.
EDIT: Al’s reaction to his name being used in mail he did not authorize

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Marketing to businesses

“If you do stupid things, you’re going to get blocked,” says Jigsaw CEO Jim Fowler in an interview with Ken Magill earlier this week.
Jigsaw is a company that rewards members to input their valuable business contacts. Once the addresses are input into Jigsaw, they are sold to anyone who wants them. Jigsaw gets the money, the people providing information get… something, the people who provided business cards to Jigsaw members get spammed and the people who downloaded the lists get to deal with a delivery mess. Sounds like a lose for everyone but Jigsaw.
Except that now Jigsaw is listed on the SBL for spam support services. Well, that’s going to cause some business challenges, particularly given how many companies use the SBL as part of their filtering scheme.
It’s hard to think of a situation where I would appreciate someone I gave a business card to providing my information to a site that then turns around and lets anyone download it to send email to. I know, I know, there are a million companies out there I’ve never heard of that have The Product that will Solve All my Problems. But, really, I don’t want them in my work mailbox. The address I give out on my business cards is, for, y’know, people to contact me about what I’m selling or to contact me about things they’ve already purchased from me. That address is not for people to market to. I have other addresses for vendors, and even potential vendors, to contact me.
Jigsaw clearly facilitates spam to businesses by collecting email addresses and then selling them on. This is a drain on small businesses who now have inboxes full of valuable offers to wade through. Perhaps their stint on the SBL will make them reconsider their spam support services.
HT: Al

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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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Compliance vs. Deliverability

Most people I know handling delivery issues for senders have some version of delivery or deliverability in their job title. But as I talk to them about what they do on a daily basis, their role is as much policy enforcement and compliance as it is delivery. Sure, what they’re telling customers and clients is how to improve delivery, but that is often in the context of making customers comply with relevant terms and conditions.
Some delivery folks also work the abuse desk, handling complaints and FBLs and actually putting blocks on customer sends.
I think the compliance part of the delivery job description that is often overlooked and severely downplayed. No one likes to be the bad guy. None of us like handling the angry customer on the phone who has had their vital email marketing program shut down by their vendor. None of us like the internal political battles to convince management to adopt stricter customer policies. All of these things, however, are vital to delivery.
Despite the lack of emphasis on compliance and enforcement they are a vital and critical part of the deliverabilty equation.

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