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Beware the TINS Army

When consulting with clients, I spend a lot of time trying to help them better understand the concept of sender reputation. Spam reports, feedback loops, and other data that comes from a collection of positive and negative reputational feedback about a company sending email.
Certainly, the “This is not spam” action – moving an email from the spam folder to the inbox, or clicking the “not spam” button in a web mail’s interface, is a strong positive reputational action. Some webmail providers use this data to decide which bulked senders deserve being let out of the penalty box – which should have their mail once again delivered to the inbox.
A client recently theorized that a great solution to their delivery problems would be to do this “en masse.” Sign up for hundreds or thousands of webmail accounts, send my mail to them, and click on the “not spam” button for each of my own emails. That’ll greatly improve my sending reputation, right?
NO! ISPs have already thought of this. They watch for this. They’re really good at picking up on things like this. I know for a fact that Yahoo and Hotmail and AOL notice stuff like this, and I strongly suspect other webmail providers notice it as well.
What happens when Yahoo or Hotmail pick up on this type of unwanted activity? Well, if it’s at Yahoo, they’re likely to block all mail from you, 100%, forever. I’ve seen it happen more than once. Yahoo might even identify all of your netblocks, ones beyond the ones sending today’s mail or originating today’s activity. And good luck trying to convince them that you’re not a spammer – you have a better chance of winning the lottery two weeks in a row.
As for Hotmail – what would Hotmail do? Ask Boris Mizhen. Microsoft is currently suing him, alleging that he and/or his agents or associates engaged in this very practice.

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It's not illegal to block mail

My post “We’re going to party like it’s 1996” is still getting a lot of comments from people. Based on the comments, either people aren’t reading or my premise wasn’t clear.
Back in 1996 the first lawsuits were brought against ISPs to stop ISPs from blocking email. These suits were failures. Since that time, other senders have attempted to sue ISPs and lost. Laws have been written protecting the rights of the ISPs to block content they deem to be harmful.
Dela says that he was just attempting to open up a conversation, but I don’t see what he thinks the  conversation is. That ISPs shouldn’t block mail their customers want? Sure, OK. We’re agreed on that. Now, define what mail recipients want. I want what mail I want, not what someone else decides I might want.
Marketers need to get over the belief that they own end users mailboxes and that they have some right to send mail to people. You don’t.
When marketers actually start sending wanted mail, to people who actually subscribe – not just make a purchase, or register online or happen to have an easily discoverable email address – then perhaps marketers will have some standing to claim they are being treated illegally. Until and unless that happens, the ISPs are well within their rights to block mail that their users don’t want.

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Confusing opt-in and opt-out

Harvard Business Review posted a blog earlier this week suggesting that all businesses should treat email marketing as an opt-out process. Unfortunately, the post seemed to me to conflate and confuse a number of things.
She mixes in potential customers providing business cards to an exhibitor at a trade show with current customers that are using a product. She promotes businesses using opt-out as a default communication practice, but then talks about giving customers preference centers to manage the contact.
Overall, it was a very confusing article.
For instance the author says:

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