TWSD: Don't honor opt-outs

One of the big arguments various mailers make is that they make it easy for users to opt-out of mail, so it’s not a big deal. Users who don’t want to receive the mail, can make it stop. This was one of the guiding principles of CAN SPAM. The sender can make the decision to send mail to any recipient but they have to offer an opt-out.
The problem is there are a lot of major companies out there that don’t honor opt-outs. Since earlier this year I’ve been tracking when I opt-out of mail. Why? Because I kept getting the feeling that I’d opted out of mail before, but kept getting it.
The good(?) news is that it wasn’t my imagination, some of these companies aren’t honoring their opt-outs. The bad news is that major companies are not honoring opt-outs.

eFax opt-out confirmation
I’ve seen this page 4 times in the last 9 weeks, but I am still getting mail.
My notes tell me I’ve unsubscribed by clicking on the unsubscribe link from this efax mailing 4 times: 6/24, 7/18, 7/25 and 8/13.
I tried visiting the URL in the List-Unsubscribe header, but that link appears to be broken. It almost seems like eFax doesn’t really want to let me opt-out of their mail.
No page here. Find another way to opt-out.
No page here. Find another way to opt-out.
Of course, I don’t think this is a deliberate decision to violate US Federal law. I think it’s more likely the company eFax is using to send mail is incompetently run. There are lots of incompetently run ESPs out there. Sadly, though, as I looked into the issue to give eFax the benefit of the doubt and suggest their ESP was the problem, I discovered that the ESP in question was bought by eFax’s parent company back in 2005.
Incompetence in an email marketing program. I find it in so many places, but never cease to be disappointed at the incompetence. There is an important takeaway here, though.
Every mailer should check their unsubscribe process at least quarterly. Stuff breaks, things are updated but the updates don’t filter through the whole process, staff members cobble together processes and then machines fail and no one knows they’ve failed. These aren’t malicious problems, they’re a sign of neglect. No one should be using a negligent ESP.

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Social invading everything

I discovered, inadvertently, that there is a business networking site modeled after dating site. If you’re selling something you go on the site and register as a seller. If you’re buying something you go on the site and register as a buyer. Buyers can post RFIs and sellers can respond.
Decent enough business model, they’ve even fleshed it out so the site itself acts as an invoicing and billing mechanism.
That’s how I discovered it, one of our very large international telco customers decided they wanted to use this site for billing. Many large telcos expect vendors to use their proprietary site, so I wasn’t that surprised when they asked. And, given they’re international being able to bill them electronically just means I don’t have to remember to use the international stamps.
At the behest of our customer, I signed up at the website. It’s like most social networking sites, create a profile, categorize yourself, make everything public. The thing is, I don’t want to use this site to find new customers. I am just using it because one of my current customers is expecting it. Don’t get me wrong, Abacus is a great product and our customers are extremely happy with it, but it’s pretty niche. It’s not something that’s going to be searched for on a generic website.
I thought that when I set my profile to private that would be some sort of signal to keep me out of the main directory of the site. This morning I realized that wasn’t true when I got a bunch of emails telling me about all these companies looking for “business software” (the closest category I could find).
Getting a bunch of irrelevant mail was annoying enough. Even worse, there was no unsub link in the email. Eventually, I discovered an entire page of email options that were not made clear to me up front. I also sent mail to support and suggested that they talk to their lawyers to clarify whether their opt-out option was consistent with CAN SPAM. I’m pretty sure it doesn’t, but I am not a lawyer.
To the company’s credit, they did have good support and my questions through support were answered in a timely fashion. One of their support reps even called me on the phone to clarify what it was that I wanted to happen and walk me through their email options. She was very upfront about yes, they opted everyone in to all the mail at the very beginning of the process. “We’re like match.com for businesses!”
I’m sure there are some businesses that will find this service to be great. But it’s not what I want or need. Despite the fact that their support was so helpful, I don’t have a great feeling about this company. It seems a bit dishonest that I thought I was signing up for a billing portal, but was actually joining “match.com for businesses. Why couldn’t they make that clear in the 7 emails in 2 days “inviting” me to sign up?
I know I’m a little more sensitive to bad mailing processes than most people, but this was quite an unpleasant experience from the multiple identical emails and reminders before I signed up to the irrelevant stuff I got afterwards.

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One Click, Two Click, Red Click, Blue Click

I’ve seen a lot of discussion and arguments over the CAN SPAM rule about whether or not an unsubscribe needs to be a One-Click unsubscribe. It’s gotten so common, I have a stock email I use as a template when wading into such discussions. It’s probably useful for a lot of other people, too, so I thought I’d share.
The regs say:

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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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