Stephanie at Return Path has a great blog post on permission and how permission is an ongoing process not a one time thing. There were a couple statements that really grabbed my attention.
What really matters is not that permission was granted, but that it is earned, every time a message is sent […] Permission requires a strong value proposition.
“What should we tell the ISP?” is a frequent question from my customers. The answer is pretty simple. It doesn’t usually matter what you tell the ISP. What matters are your actions.
If a sender is having delivery problems then the solution is not to call the ISP and talk to them about why the sender’s mail should not be delivered to the bulk folder. Instead, the solution is to evaluate the email and the address acquisition process and the list hygiene process. Identify where potential problems are and then resolve those problems.
Typically, the ISPs won’t need to be contacted. The changes to the email will register and delivery will improve. In some cases, particularly when there’s been some major mistake, contacting the ISP and explaining the mistake and what steps have been taken to stop the mistake from happening in the future may help resolve the issue faster. But if nothing has changed, then there’s no reason for the ISP to expect anything to change.
It doesn’t matter what you say. It matters what you do.
Earlier this week ARS Technica reported on a ruling from the Missouri Court of Appeals stating that terms and conditions are enforceable even if the users are not forced to visit the T&C pages. Judge Rahmeyer, one of the panel members, did point out that the term in question, under what state laws the agreement would be enforced, was not an unreasonable request. She “do[es] not want [their] opinion to indicate that consumers assent to any buried term that a website may provide simply by using the website or clicking ‘I agree.'”
What does this have to do with email? Well, it means that reasonable terms in the agreements may still be binding even if the user does not read the full terms of the opt in before submitting an email address. In practical terms, though, there’s very little that has changed. Hiding grants of permission deep in a terms document has long been a sneaky trick practiced by spammers and list sellers. Legitimate companies already make terms clear so that users know what type of and how much mail to expect by signing up to a list. They also know that the legal technicalities of permission are not as important as meeting the recipients expectations.