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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Spam lawsuit guide

Mailchimp has released a guide to spam lawsuits with advice on how to not be a target.
I had the pleasure of meeting some of the Mailchimp legal staff last year when I was down there to do on-site training for their abuse desk employees. I was quite impressed with them and their understanding of privacy and email issues.

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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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Customers want to get mail from us!

Many online retailers assume that anyone making a purchase from them is a prime target for email marketing. THEY ARE OUR CUSTOMERS! Of course they want to get mail from us!
Well. Maybe. But not always. Think about the person who shops online during the holidays. I visit a lot of places looking for gifts for other people. These aren’t places I’d normally shop for myself, and are not places that have things I’m interested in. This means I don’t really have, or want, an ongoing relationship with them.
So for those of you that think they’ve found a new customer because I made a purchase this Christmas, I’d just like to say: Not so much. I mean, yeah, you have the perfect gift for my mother this year. Or that appropriately tacky bit of Vette swag for my dad. But, really, I just want to buy the gift and have it shipped. I don’t want an ongoing customer relationship with you. In fact, I really never want to hear from you again.
Some online retailers are polite and treat purchasers with respect. They allow guest checkouts and don’t require tons of personal information and account creation for a purchase. They even let you opt-out of being added to their mailing list at the time of purchase. Other retailers require the full registration process (you need to know my marital status? so I can buy a gift for my dad? what?) and don’t offer an opt-out during the checkout process. Instead, you infer I want your mail and make me opt-out after the fact.
Making a purchase doesn’t constitute permission. Sometimes retailers can get away with it because when I’m making a purchase for me I might be interested in more mail from you. When I’m making a purchase for someone else, though, there is no long term relationship to be developed.
Sure, with the right campaign you may be able to convert one of those purchasers into a returning purchaser. But without a carefully planned and executed conversion campaign you may lose more future customers than you convert.

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