Delivery versus marketing

I’ve been thinking lately that sometimes that what works for marketing doesn’t always work for delivery.
For instance in many areas of marketing repetition is key. Repeat a slogan and forge an association between the slogan and the product in the mind of the consumer. More repetition is better. Marketers can even go so far as using the same ad to drive consumer action. Television advertising is a prime example of this. Companies don’t create new content for every advertising slot, they create one or a few ads and then replay them over and over. The advertiser doesn’t even really care if the consumer consciously ignores the ads. The unconscious connection is still being made.
In the world of email delivery, though, having many or most recipients ignore advertising is the kiss of death. Too many unengaged users and filters decide that mail shouldn’t go into the inbox. These don’t even have to be ISP level filters, but Bayesian filters built into desktop mail clients.
Sending repetitive ads over email may be an effective marketing strategy, but may not be an effective delivery strategy.
Am I off base here and missing something? Tell me I’m wrong in the comments.

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The legitimate email marketer

I cannot tell you how many times over the last 10 years I’ve been talking to someone with a problem and had them tell me “but I’m a legitimate email marketer.” Most of them have at least one serious problem, from upstreams that are ready to terminate them for spamming through widespread blocking. In fact, the practices of most companies who proclaim “we’re legitimate email marketers” are so bad that the phrase has entered the lexicon as a sign that the company is attempting to surf the gray area between commercial email and spam as close to the spam side of that territory as possible.
What do I mean by that? I mean that the address collection practices and the mailing processes used by self-proclaimed legitimate email marketers are sloppy. They don’t really care about individual recipients, they just care about the numbers. They buy addresses, they use affiliates, they dip whole limbs in the co-reg pool; all told their subscription practices are very sloppy. Because they didn’t scrape or harvest the email address, they feel justified in claiming the recipient asked for it and that they are legitimate.
They don’t really care that they’re mailing people who don’t want their mail and really never asked to receive it. What kinds of practices am I talking about?
Buying co-reg lists. “But the customer signed up, made a purchase, took an online quiz and the privacy policy says their address can be shared.” The recipient doesn’t care that they agreed to have their email address handed out to all and sundry, they don’t want that mail.
Arguing with subscribers. “But all those people who labeled my mail as spam actually subscribed!!!” Any time a mailer has to argue with a subscriber about the validity of the subscription, there is a problem with the subscription process. If the sender and the receiver disagree on whether there was really an opt-in, the senders are rarely given the benefit of the doubt.
Using affiliates to hide their involvement in spam. A number of companies use advertising agencies that outsource acquisition mailings that end up being sent by spammers. These acquisition mailings are sent by the same spammers sending enlargement spam. The advertiser gets all the benefits of spam without any of the consequences.
Knowing that their signup forms are abused but failing to stop the abuse. A few years back I was talking with a large political mailer. They were insisting they were legitimate email marketers but were finding a lot of mail blocked. I mentioned that they were a large target for people forging addresses in their signup form. I explained that mailing people who never asked for mail was probably the source of their delivery problems. They admitted they were probably mailing people who never signed up, but weren’t going to do anything about it as it was good for their bottom line to have so many subscribers.
Self described legitimate email marketers do the bare minimum possible to meet standards. They talk the talk to convince their customers they’re legitimate:

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Court rules blogger is not a journalist

Last week a federal judge ruled a blogger, Crystal Cox, was not a journalist and not subject to first amendment protections. I haven’t been following the case very closely, but was a little concerned about the precedent and the liability for people like me who blog.
Reading some of the articles on the case, though, I’m less worried. This isn’t a blogger making some statements. Instead, Ms. Cox acted more like a stalker and harasser than a reporter. The judge even concluded that had she been granted protection as a journalist it was unlikely she could prevail as there was little factual basis for her statements.
Others have done better summaries of the case and the effect and I encourage everyone to read them.
Seattle Weekly
New York Times
Ars Technica
Forbes

I also discourage folks from applying this ruling to all bloggers. It’s not clear she was doing anything journalistic. I did find it interesting that some of her techniques to ruin the lawyer’s search results were defined as Search Engine Optimization. I’ve long thought SEO was akin to spam: say something often enough in enough places and you start to dominate the conversation. Not because you have anything useful to say, but because no one can get an idea in otherwise.

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About that Junk Folder

I use a pretty standard mail filtering setup – a fairly vanilla SpamAssassin setup on the front end, combined with naive bayesian content filters in my mail client. So I don’t reject any mail, it just ends up in one of my inboxes or a junk folder. And I have a mix of normal consumer mail – facebook, twitter, lots of commercial newsletters, mail from friends and colleagues and spam. (As well as that I have a lot of high traffic industry mailing lists, but overall it’s a fairly normal mix.)
My bayesian filter gets trained mostly by me hitting “this is spam” when spam makes it to my inbox. If I’m expecting an email “immediately” – something like a mailing list COI confirmation or email as part of buying something online – I’ll check my spam filter and move the mail to my inbox in the rare case it ended up there. Other than that I let it and spamassassin chug along with no tweaking.
I’m starting a data analysis project, based on my own inboxes, and as part of that I’m using some tools to look for false positives in my junk folders, and manually fixing anything that’s misclassified. I’ve been doing this for a couple of hours now, and I’ve found some interesting things.

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