Ads in the Gmail Tabbed Inbox

One of the features of the new Gmail tabbed inbox is email-like ads placed by Gmail.

Screenshot of the new Gmail ads.
Screenshot of the new Gmail ads.
When you click on an ad, it opens up into a new window, behaving very similarly to an email. People can even forward the email to another person.
What the user sees when the click on an ad
What the user sees when the click on an ad
This new ad type and the placement in the promotions tab has generated a lot of discussion on a number of different things related to email, abuse and spam.

  1. Is this an email? 
  2. Is this covered under CAN SPAM?
  3. If it is covered under CAN SPAM, is Google violating the law by not providing an opt out?
  4. Is Gmail acting abusive?
  5. Should anti-abuse groups take a stand against Google doing this?
  6. Should marketing groups take a stand against Google for doing this?

I’ll talk a little more about these questions in upcoming blog posts. But before I do, I’d love to hear from folks here what you think about these questions. And what do you think of the new tabbed inboxes?

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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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Logging in to unsubscribe

I have been talking with a company about their unsubscribe process and their placement of all email preferences behind an account login. In the process, I found a number of extremely useful links about the requirements.
The short version is: under the 2008 FTC rulemaking senders cannot require any information other than an email address and an email preference to opt-out of mail. That means senders can’t charge a fee, they can’t ask for personal information and they can’t require a password or a login to unsubscribe.
I’ve talked about requiring a login to unsubscribe in the past here on the Word to the Wise blog.
Let them go
Questions about CAN SPAM
One click, two click, red click, blue click
How not to handle unsubscribes
I’m not the only person, though, that’s written about this.
The FTC has written about it in the FTC CAN SPAM Compliance Guide for business

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Gmail's new inbox tabs. News at 11.

Yesterday Gmail announced a change to their UI. This new UI lets users configure tabs in their inbox for different sorts of email. This change has greatly upset some marketers. Yesterday I heard it described as war on marketers, as a conspiracy to stop all email marketing and as a horrible injustice to legitimate marketers. I even saw a few people call for an organized boycott of Google AdWords.
While I do appreciate many of us don’t like change, I can’t quite jump on the histrionic bandwagon. This change isn’t Google declaring war on marketers. Google is, at the end of the day, a marketing company. They live and die by marketing dollars. And before you ask, I don’t really think email marketers can organize a boycott that actually has any real impact on Google’s bottom line and causes them to change their interface.
There are a lot of reasons I don’t think this is the actual end of the world and that marketers should just take a deep breath and chill.
The tabbed interface is really just Priority Inbox v. 2. Priority inbox was rolled out a few years ago and there was quite a bit of noise about how that was going to make email marketing more difficult. While getting email to the inbox at Gmail is a challenge for many marketers, I don’t think Priority Inbox is the underlying reason. I think Gmail has gotten a lot stricter on filters, particularly content filters thus making it harder for borderline mail to get to the inbox instead of the bulk folder.
The tabbed interface is just another way of organizing mail in the inbox. Mail is not moved to any different folders, it’s still in the inbox. Users can enable or disable the settings as they desire and all of the mail stays in their inbox.
New Gmail Tab configuration The interface is not on by default. Users have to actually go in and turn on the setting. For users who don’t set up filters anyway, it’s unlikely they’re going to take advantage of the tabs. I did take a look at the configuration settings. Gmail tries to make it clear what kinds of mails will end up in what tabs by telling you what From: addresses currently in your inbox will end up in a tab if you enable it.
Overall, I don’t think this is really going to cause horrible repercussions to email marketers. In fact, this does seem to offer some benefit to email marketers that use consistent branding. According to Mickey Chandler at Exacttarget, the interface “not only display[s] the number of new emails in the tab, but [also displays the] names of the brands whose mails are in that tab.” This is a good thing for marketers, who now have the chance to get their name in the inbox interface.
One thing I did notice, too, was that when I enabled tabs, Gmail presented me with more advertising in the “promotions” tab and provided no advertising in any other tabs.

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