New EU directives

The EU has published consumer protection directives. Members states have 2 years to implement and enforce these directives.
The interesting bit is this:

3) Banning pre-ticked boxes on websites
When shopping online – for instance buying a plane ticket – you may be offered additional options during the purchase process, such as travel insurance or car rental. These additional services may be offered through so-called ‘pre-ticked’ boxes. Consumers are currently often forced to untick those boxes if they do not want these extra services. With the new Directive, pre-ticked boxes will be banned across the European Union.

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Are you sure? Part 2

There was a bit of discussion about yesterday’s blog post over on my G+ circles. One person was telling me that “did you forget you opted-in?” was a perfectly valid question. He also commented he’s had the same address for 20 years and that he does, sometimes forget he opted in to mail years ago.
As an anti-spammer with the idea that it’s all about consent, I can see his point. Anti-spammers, for years, have chanted the mantra: “it’s about consent, not content.” Which is a short, pithy way to say they don’t care what you send people, as long as the recipients themselves have asked for it.
This is the perfect bumper sticker policy. As with most bumper sticker policies, though, it’s too short to deal with the messy realities.
I’m not knocking consent. Consent is great. Every bulk mailer should only be sending mail to people who have asked or agreed to receive that mail.
But if your focus is on delivery and getting mail to the recipient’s inbox and getting the recipient to react to that mail then you can’t just fall back on consent. You have to send them mail that they expect. You have to send them mail that they like. You have to send them mail they will open, read and interact with.
If your permission based recipients are saying they forgot that they signed up for mail, that is a sign that the sender’s program is futile. These are people who, at one point or another, actually asked to receive mail from a sender, and then the mail they receive is so unremarkable that they totally forget about the sender.
Maybe that’s another reason the question “are you sure you didn’t forget you opted in” from clients bothers me so much. If I signed up and forgot that points to problems in your program, mostly that it’s totally unremarkable and your subscribers can forget.

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Email Change of Address

How many readers have ever submitted an email change of address form? How many readers even know where to go to submit an email change of address form?
And I’m not talking about going to a particular retailer and saying “change my email address” I’m talking about using one of the companies that offer email change of address as a service. Where do they get their names and email addresses? I sure don’t know.
How many readers have actually purchased an email change of address service for one of your mailing lists? Do you know where the addresses came from?
I’m wondering how many people buy email change of address services, but have zero clue how to sign up for them. I mean, I know, you can go to FreshAddress or Experian and get ECOA services. But I don’t know how to tell either of them that I want to be included in their ECOA services.
So how do consumers get to be on a change of address list? And how opt-in is their participation?
One reason I ask is that a number of my clients have stumbled into serious delivery problems recently. Investigation generally points back to the ECOA service they used. So I’m wondering how actively and knowingly consumers are using ECOA services.
 

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Are you sure you didn't opt in?

Yes, really. I’m sure I didn’t opt-in.
I get a lot of spam. I get a lot of spam to addresses that aren’t used to sign up for mail. But it seems inevitable that when I bring up examples of receiving spam I inevitably get asked, “Are you sure you didn’t opt-in?”
On one level I can understand the question when I send in a complaint to an abuse desk and they’re dealing with a customer who swears all their mail is opt-in. It makes sense when an ESP is working to identify what may have happened so they can correct their customers’ behaviour.
But when it’s a client who has hired me to investigate their email delivery problems and I provide examples of spam sent to me? Why, WHY would I lie to you? Why would I claim I’m getting spam if I wasn’t? What use is that? How does me forgetting I subscribed actually help fix your delivery?
And even if I did forget, shouldn’t that be a sign that maybe there is some issue with your mail program that people sign up and forget?
I am not sure what causes clients to think I would tell them they’re spamming me when they’re really not. I certainly do tell clients when I opt-in and enjoy their mail while offering advice on how to improve their marketing program. I’m not sure what’s going through their heads when I say, “Oh, you (or your affiliate) is sending me a lot of spam,” that prompts them to ask, “Are you sure you didn’t opt-in?”

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