TWSD: Adapt to filters

This morning the new Yahoo! CEO posted about changes to Yahoo! mail. I logged into one of my Yahoo accounts to check and see if I had access to the new Yahoo! mail client yet. I don’t, but I did notice that spammers have adapted to the new Yahoo model of disabling filters in the mail folder. Most of the mail in my inbox has, at the very top of the message “Click not spam to enable links!”
My favorite has to be the animated gif of how to click “not spam.”
Spammers spend so much time and energy compensating for filters, hopping IP addresses, rotating through domains, and specially creating mail for different ISPs. I have to wonder, though, if they would waste less time by sending opt-in mail.

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You can't technical yourself out of delivery problems

In many cases these days, many more cases than a lot of senders want to admit, delivery problems at the big ISPs are a result of sending mail recipients just don’t care about. The reason your mail is going to bulk? It’s not because you have minor problems in your headers. It’s not because you have some formatting issues. The reason is because your recipients just don’t care if the ISP delivers your mail or not.
A few years ago the bulk of my clients hired me to do technical audits for their mail. I fixed a lot of delivery problems that way. They’d send me their email and I’d run it through tools here and identify things they were doing that were likely to be causing problems. I’d give them some suggestions of things to change. Believe it or not, minor tweaks to headers and configuration actually did make a lot of difference in delivery.
Over time, though those tweaks less effective to fix delivery problems. Some of it is due to the MTA vendors, they’re a lot better at sending technically correct mail than they were before. There are also a lot more people giving good advice on the underlying structure and format of emails so senders can send technically clean email. I started seeing technically perfect emails from clients who were seeing major delivery problems.
There are a number of reasons that technical fixes don’t work like they used to. The short version, though, is that ISPs have dealt with much of the really blatant spam and they can focus more time and energy on the “grey mail”.
This makes my job a little harder. I can no longer just look at an email, maybe run it through some of our tools and provide a few suggestions that fix delivery problems. Delivery isn’t that simple any longer. Filters are really more focused on how the recipients react to mail. That means I need to know a lot more about a clients email program before I can even start to identify what might be causing the delivery issues.
I wish it were still so simple I could give minor technical tweaks that would appear to magically improve a client’s delivery. It was a lot simpler process then. But filters have evolved, and senders must evolve, too.

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Check your unsubscribe process

When was the last time you actually tried to unsubscribe from one of your mailing lists? Have you ever even checked to see that your process works?
For whatever reason, unsubscribe processes don’t always work. Sometimes the problem is on the client end. Sometimes the problem is on the ESP end. But in either case, continuing to mail recipients who have attempted to opt-out from your mail is a recipe for disaster.
I mentioned last week about our new mortgage company that can’t process my unsubscribe. Today I contacted their ESP and pointed out I’d tried to unsub a few times, but was still getting mail. The ESP thanked me, pointed out that was not an ESP managed unsubscribe page and did a little digging. A few hours later their delivery guy told me that he saw my multiple unsubscribe attempts (June, July, 2 in August…) and they were all marked as “trashed.”  But he’s going to make sure I’m not mailed any more and follow up with his customer.
Now, there are a lot of reasons this unsub process could have failed. It could be that the website doesn’t handle my tagged addresses well and this is a bank, it’s very possible security is locked down. But that means they shouldn’t have accepted my tagged address in the first place.
There are a couple things to take away from this story.

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Motion to dismiss in Penkava v. Yahoo case

Earlier this month Yahoo filed a motion to dismiss in the Penkava v. Yahoo. This is the class action lawsuit where an Alabama resident is attempting to sue Yahoo for violation of the California wiretapping law.
Here’s the short synopsis.
People send mail to Yahoo. Yahoo “creeps and peeps” on that mail so they can profit from it. Plaintiff doesn’t like this, and thinks that he can use the California Invasion of Privacy Act (“CIPA”), (Cal. Penal Code § 630, et seq;) to stop Yahoo from doing this. Additionally, there is a whole class of people who live in every state but California who have also been harmed by Yahoo’s actions. The plaintiff would like the court to make Yahoo stop doing this. (First Amended Complaint)
Yahoo’s motion to dismiss is actually pretty dry and there aren’t really any zinger pull quotes that make sense without reading the whole 35 pages. The short version is that what Yahoo is doing is not a violation of California law, it is simply handling email as it has to be done to get it to recipients. Plus, California law cannot apply to mail sent from a non-CA resident to a non-CA resident because that would violate the dormant commerce clause. The class as defined makes no sense. Finally, the plaintiff continues to send mail to Yahoo addresses knowing the mail is being “scanned” and that is implicit permission for Yahoo to do it.
In the initial complaint there was an allegation that Yahoo’s behaviour was a violation of Federal and/or California Wiretapping laws. These allegations appear to have been dropped in the First Amended Complaint.
Right now there is a hearing scheduled for March 13, 2013. I’ll keep an eye on the filings.

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