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.

Lavabit shuts down
Gmail says no expectation of privacy, kinda.

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Expectations

One of the themes I harp on with clients is setting recipient expectations. Senders that give recipients the information they need to make an informed subscription decision have much higher inbox and response rates than senders that try to mislead their recipients.
Despite the evidence that correctly setting expectations results in better delivery and higher ROI on lists some senders go out of their way to hide terms from recipients. I’ve heard many of those types of comments over the years.

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Bad unsubscribe processes

We recently renewed our support contract with VMWare. It’s a weirdly complicated system, in that we can’t buy directly from VMWare, but have to buy through one of their resellers. In this case, we purchased the original hardware from Dell, so we renewed our contract through Dell.
Dell sends my email address over to VMWare as part of the transaction.
My only role in this is as CFO. I approve the purchase and pay the bill. I don’t do anything technical with the license.
The email failures start when VMWare decides that I need to receive mail about some user group meetings they’re holding all over the US. First off, I’m not the right person to be sending this mail to inside our company. I’m the billing contact, not the user contact. Then, they send me mail about meetings all over the US, when they know exactly where I’m located. Would it be so hard to do a semi-personalized version that highlighted the meetings in my local area then pointing out the other locations? Apparently, yes, it is so hard.
The biggest failures, though are in the unsubscribe process.
unsubscribe option
The unsubscribe page is no big deal. I get to unsub from all VMWare communications, and submit that request without having to figure out what my VMWare password is or anything.
After I hit submit, I’m taken to this page.
VMWareThank you
Wait? What?
“Thank you for registering?” I didn’t register! I don’t want you to contact me. Plus, this is a HP co-branded page when I’m not a customer of HP. VMWare knows this, they know they got my address from Dell.
The biggest problem is that I’m not sure that my address was actually unsubscribed. I suspect that someone copied a form from elsewhere on the site to use as an unsubscribe form. This person forgot to change the link after the “submit” button was clicked. But what else did they forget to change? Is the unsubscribe actually registered in the database?
I suppose only time will tell if VMWare actually processed my unsubscribe. If they didn’t they’re technically in violation of CAN SPAM.
The lesson, though, is someone should check unsubscribe forms. Someone in marketing should own the unsubscribe process, and that includes confirming that unsubscribe pages work well enough.

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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
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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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