Mark Brownlow took my post about best practices and expanded on the theme. He is absolutely right and I encourage everyone to go read his article.
The takeaway here is not to rush out and start ignoring best practices. Without the background understanding, that way lies email marketing hell.
But if you can gain (or hire) a more nuanced understanding of issues, you might be able to break selected rules to the benefit of both you and your subscribers.
Exactly.
The WSJ reports that politicians in Maine have figured out that the new Maine law prohibiting collecting information from teenagers without parental permission is badly written and has a lot of problems.
The Attorney General has decided not to enforce the law as it stands. The law does contain private right of action, so there may be private suits filed against companies.
I can’t necessarily fault the state senator who drafted the legislation for her intentions.
Yesterday I blogged about eROIs contention that consumers should not be wasting the time of lead gen companies by filling in fake data. There were lots of good comments on the post, and I strongly encourage you to go read them if you are interested in different perspectives on the data issue.
One of the arguments I was making is that people are only going to give accurate information if they trust the website that is collecting information. I do, strongly, believe this. I also believe very strongly that websites collecting information need to do so defensively. It is the only way you can get good information.
This ties in with an earlier post about a website that collects email addresses from any visitor, then turns around and submits those addresses to webforms. Hundreds of mailing lists have already been corrupted by this group. They are a prime reason companies must design address collection process defensively. There are people who do bad things, who will take an opportunity to harass senders and recipients. This company is not the first, nor will they be the last to commit such abuses.
Taking a stand against abusive companies and people may be useful, but that will not stop the abuse. It is much easier to design process that limits the amount of abuse. For lead gen, in particular, confirmed opt-in is one way to limit the amount of bad data collected. As a side effect, it also results in less blocked mail, fewer complaints and better delivery.
I cannot tell you how many times over the last 10 years I’ve been talking to someone with a problem and had them tell me “but I’m a legitimate email marketer.” Most of them have at least one serious problem, from upstreams that are ready to terminate them for spamming through widespread blocking. In fact, the practices of most companies who proclaim “we’re legitimate email marketers” are so bad that the phrase has entered the lexicon as a sign that the company is attempting to surf the gray area between commercial email and spam as close to the spam side of that territory as possible.
What do I mean by that? I mean that the address collection practices and the mailing processes used by self-proclaimed legitimate email marketers are sloppy. They don’t really care about individual recipients, they just care about the numbers. They buy addresses, they use affiliates, they dip whole limbs in the co-reg pool; all told their subscription practices are very sloppy. Because they didn’t scrape or harvest the email address, they feel justified in claiming the recipient asked for it and that they are legitimate.
They don’t really care that they’re mailing people who don’t want their mail and really never asked to receive it. What kinds of practices am I talking about?
Buying co-reg lists. “But the customer signed up, made a purchase, took an online quiz and the privacy policy says their address can be shared.” The recipient doesn’t care that they agreed to have their email address handed out to all and sundry, they don’t want that mail.
Arguing with subscribers. “But all those people who labeled my mail as spam actually subscribed!!!” Any time a mailer has to argue with a subscriber about the validity of the subscription, there is a problem with the subscription process. If the sender and the receiver disagree on whether there was really an opt-in, the senders are rarely given the benefit of the doubt.
Using affiliates to hide their involvement in spam. A number of companies use advertising agencies that outsource acquisition mailings that end up being sent by spammers. These acquisition mailings are sent by the same spammers sending enlargement spam. The advertiser gets all the benefits of spam without any of the consequences.
Knowing that their signup forms are abused but failing to stop the abuse. A few years back I was talking with a large political mailer. They were insisting they were legitimate email marketers but were finding a lot of mail blocked. I mentioned that they were a large target for people forging addresses in their signup form. I explained that mailing people who never asked for mail was probably the source of their delivery problems. They admitted they were probably mailing people who never signed up, but weren’t going to do anything about it as it was good for their bottom line to have so many subscribers.
Self described legitimate email marketers do the bare minimum possible to meet standards. They talk the talk to convince their customers they’re legitimate: