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The psychic and the not-really-opt-in

I’ve been getting a continual stream of spam from a psychic. I blogged about it a few months ago, and even had a call with the psychic’s ESP. None of that seemed to matter. Every few days I’d get another ad for psychic candles, or recording services or whatever. It wasn’t mail I could easily filter, and every time I’d get it I’d growl and dump it in my junk folder.
Yesterday, I received another mail from her. The subject line is “list opt-in verification.” Really? Could she really be actually confirming her list? Actually asking if I want to continue receiving mail?

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The secret to fixing delivery problems

There is a persistent belief among some senders that the technical part of sending email is the most important part of delivery. They think that by tweaking things around the edges, like changing their rate limiting and refining bounce handling, their email will magically end up in the inbox.
This is a gross misunderstanding of the reasons for bulk foldering and blocking by the ISPs. Yes, technical behaviour does count and senders will find it harder to deliver mail if they are doing something grossly wrong. In my experience, though, most technical issues are not sufficient to cause major delivery problems.
On the other hand, senders can do everything technically perfect, from rate limiting to bounce handling to handling feedback loops through authentication and offer wording and still have delivery problems. Why? Sending unwanted mail trumps technical perfection. If no one wants the email mail then there will be delivery problems.
Now, I’ve certainly dealt with clients who had some minor engagement issues and the bulk of their delivery problems were technical in nature. Fix the technical problems and make some adjustments to the email and mail gets to the inbox. But with senders who are sending unwanted email the only way to fix delivery problems is to figure out what recipients want and then send mail meeting those needs.
Persistent delivery problems cannot be fixed by tweaking technical settings.

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What Happens Next…

or Why All Of This Is Meaningless:
Guest post by Huey Callison
The analysis of the AARP spam was nice, but looking at the Mainsleaze Spammer Playbook, I can make a few educated guesses at what happens next: absolutely nothing of consequence.
AARP, if they acknowledge this publicly (I bet not) has plausible deniability and can say “It wasn’t us, it was an unscrupulous lead-gen contractor”. They probably send a strongly-worded letter to SureClick that says “Don’t do that again”.
SureClick, if they acknowledge this publicly (I bet not) has plausible deniability and can say ‘It wasn’t us, it was an unscrupulous affiliate”. They probably send a strongly-worded letter to OfferWeb that says “Don’t do that again”.
OfferWeb, if they acknowledge this publicly (I bet not) has plausible deniability and can say ‘It wasn’t us, it was an unscrupulous affiliate”. And maybe they DO fire ‘Andrew Talbot’, but that’s not any kind of victory, because he probably already has accounts with OTHER lead-gen outfits, which might even include those who also have AARP as
a client, or a client-of-a-client.
So the best-case result of this analysis being made public is that two strongly-worded letters get sent, the URLs in the spam and the trail of redirects change slightly, but the spam continues at the same volume and with the same results, and AARP continues to benefit from the millions of spams sent on their behalf.
I’m not a lawyer, but I was under the impression that CAN-SPAM imposed liability on the organization that was ultimately responsible for the spam being sent, but until the FTC pursues action against someone like this, or Gevalia, corporations and organizations will continue to get away with supporting, and benefiting from, millions and millions of spams.
As JD pointed out in a comment to a previous post: sorry, AARP, but none of us are going to be able to retire any time soon.

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