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Some content is just bad; but it doesn't have to be

There are a few segments in the marketing industry that seem to acquire senders with bad mailing practices. Nutraceuticals, male performance enhancing drugs, short term or payday loans and gambling have a lot of senders that treat permission as optional. The content and the industry themselves have garnered a bad reputation.
This makes these industries extremely difficult for mailers who actually have permission to send that content to their recipients. Working with this kind of sender, sometimes it seems impossible to get mail delivered to the inbox, no matter what the level of permission. Even when it’s double confirmed opt-in with a cherry on top, all the care in the world with permission isn’t enough to get inbox delivery.
This doesn’t have to be the case. Look at the porn industry. Early on in the email marketing arena there was a lot of unsolicited image porn. A Lot. So much that complaints by recipients drove many ISPs to disable image loading by default. The legitimate porn companies, though, decided unsolicited image porn was bad for the industry as a whole. Porn marketers and mailers adopted fairly strong permission and email address verification standards.
It was important for the porn marketers that they be able to prove that the person they were mailing actually requested the email. The porn marketers took permission seriously and very few companies actually send photographic porn spam these days. Even the “Russian girls” spam doesn’t have not safe for work images any longer.
Because of their focus on permission, in some cases revolving around age of consent in various jurisdictions, the porn industry as a whole is not looked at as “a bunch of spammers.” Porn content isn’t treated as harshly as “your[sic] pre-approved for a wire transfer” or “best quality drugs shipped overnight.”
Just having offensive content isn’t going to get you blocked. But having content that is shared by many other companies who don’t care about permission, will cause delivery headache after delivery headache. This is true even when you are the One Clean Sender in the bunch.
 

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Papa John's settles texting suit

Last year a class action law suit was filed against Papa John’s for violation of the Telephone Consumer Protection Act (TCPA) for texts received by Papa John’s customers. Customers allege they never opted in to receive promotional text from the company. Papa John’s claim that they didn’t send the marketing, but instead was sent by third party contractors.
A blog post on lawyers.com says that Papa John’s settled the case for $16.5 million.

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Do you have an abuse@ address?

I’ve mentioned multiple times before that I really don’t like using personal contacts until and unless the published or official channels fail. I don’t hold this opinion just about resolving delivery issues, but also use official channels when reporting spam to one of my addresses or spam traps.
My usual complaints contain a plain text copy of the mail, including full headers and a short summary of the email address it was sent to. “This is an address that was part of a leak from…” or “This is an address scraped off my website. It’s been removed from the website since 2004” or “This address isn’t used to sign up for any mail.”
Sadly, there are a number of “legitimate” ESPs that don’t have or don’t monitor their abuse address. In some cases it’s an oversight or a break down of internal mail handling. But in most cases, it’s a sign that the ESP doesn’t actually handle abuse.
It’s frustrating to watch an ESP post long blog posts about “best practices” and “effective delivery” and “not spamming” and yet not be able to actually stop their own customers from spamming. It’s not even that I necessarily want them to disconnect their spamming customers (although that would be nice) but suppressing the address that I’ve told them was a spamtrap seems trivial. And yet, a month after my first complaint and weeks after escalating to a personal contact, I’m still getting spam.
The 5 things every ESP should do to handle spam complaints.

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