Opting customers in to new programs

Recently, I started getting “1 sale a day!” emails from buy.com. I’ve made purchases from Buy in the past and generally have been content to get emails from them. They’re not always relevant, but hey, it’s relatively non-intrustive marketing.
When they started this new program, they just started mailing: no warning, no introduction, nothing. So I decided to opt out of this mail.
Buy.com has a preference center, and while I was there, I opted out of all email marketing. Why? Because a company that is going to randomly add me to new (daily!) marketing lists is a company I don’t trust any more.
A lot of folks have complained about Amazon doing the same thing. Amazon started a daily deals program and opted in a lot of people without warning, without introduction and without permission.
I get why companies do this. It’s a lot easier to ask for forgiveness than permission. It lets them sell things to people who might never opt-in to that program. And in many areas of direct marketing, consumers have no rights to make the marketing stop. They have no tools to make the marketing stop.
Email is different from many direct marketing channels, though. Many consumers have the tools to make mail stop (filters, this is spam buttons, changing their email address completely) and they do take advantage of them.
Given a marketers job is to extract as much revenue from customers as possible, they can’t respect recipients. They have to treat them as money dispensing machines. But at least in email recipients have some ability to opt-out of the transactions.

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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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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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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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