July 2014: The month in email

We continue to be busy with really interesting client work. Look for some new posts and white papers to come out of this research over the next few months, but for now blogging has been a bit light while we’re working hard. In parallel with our busy times, we have also been pondering the ways in which the email world illustrates the classic bon mot  “plus ça change, plus c’est la même chose”, and we’ve been revisiting some posts from a few years ago to examine this.
We started July with a nod to a good subscription experience just as CASL, the Canadian Anti-Spam Legislation went into effect on Canada Day. While companies have another 17 months to put these provisions into practice, it’s a good reminder that periodic re-engagement with customers can be very effective in helping you maintain high-quality subscriber lists. We talked a bit more about CASL here and what protections the law intends.
In stark contrast, we posted about an organization that is doing a less-than-stellar job making sure they’re only sending wanted email. The Direct Marketing Association is a terrific resource and member organization for marketers across industries and channels, but their email marketing practices don’t always live up to their mission of “Advancing and Protecting Responsible Data-Driven Marketing”, and we explored some ways in which they might improve this.
Those of you who have been reading this blog for any time at all know that we tend to talk about wanted mail and unwanted mail rather than the more general category of spam. Marketers tend to think their mail can’t possibly be spam if it’s not offering Viagra or phishing for credit card information, but that’s not really the point — if a customer doesn’t want to read your email about new mountain bikes, even if they bought a mountain bike from you three years ago, that’s unwanted email. Here’s a post we revisited about why customers might not want your mail, and a new post about engagement.
One risk of sending unwanted email, of course, is that customers complain, and that will affect your delivery going forward. We revisited a post about feedback loops, and also talked a bit about addressing delivery problems as they come up rather than waiting for them to resolve on their own (mostly, they won’t!)
I also proposed a bit of a thought experiment around monetizing the complaint stream, and followed up with a second post. There are some good points in the comments of those posts, but mostly I think it’s an interesting solution to addressing risk and abuse at ESPs.
Finally, Steve wrote a short post about our new mail servers and how quickly spammers descended as we set those up. It’s a constant battle!

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Asynchronous Bounces

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The DMA: Email marketing or spam?

A few weeks ago, I signed up for a webinar from the DMA. As is my normal process I used a tagged address. I don’t remember any notification that I would be signing up for mail, and I generally do look for those kinds of things. I also know a lot of webinars are used to drive sales processes and I prefer not to waste sales time if I’m not actually looking to purchase.
In recent weeks I have gotten an ongoing stream of marketing messages from the DMA. I’ve tried to opt-out, but the DMA don’t actually want me to opt-out. Each marketing message is a different type of message from a different list. Each list must be opted out of individually.
First it was Conferences, then it was Education, then it was Awards, then Events. I’m trying to figure out what’s next and how many more times the DMA is going to get to spam me before I just turn that address into a spam trap.
And before you tell me that I can’t make an address a spam trap, think about that a little bit. I never opted this mail in to receive anything but the webinar confirmation. I’ve dutifully opted out each and every time the DMA has mailed me. I’ve even tried to opt-out of all mail. Unfortunately, the DMA has placed the “opt-out of all mail” behind a registration wall, one I cannot get to as I do not have (or want) a DMA account.
DMASignOn
The DMA is sending me mail I did not request and do not want. They have made it impossible for me to determine how much mail I will get. They have made it difficult for me to opt-out of all their mail.
This is an example of bad email marketing. I’m sure that the DMA will tell me this is all permission based email. I disagree. This is an example of the DMA taking permission. This is not an example of a sender asking for permission. I didn’t give permission to be added to all these DMA lists, and I have no way to actually revoke the permission that they took from me.
I signed up for a second webinar with this email address, one related to CASL. The irony is that the DMA’s behavior here is a violation of a number of points of CASL. First, there was no clear opt-in notice on the website. Second, CASL requires parity between opt-in and opt-out. If I opt-in once then I should be able to opt-out once. CASL puts an end to this opt-in once, opt-out dozens of times process.
I wish I could say I was disappointed in the DMA. But I’m barely surprised. Their track record is poor and they have typically fallen on the side of “I have consent until you force me to acknowledge that I don’t.” In this case, the DMA is demonstrating that quite clearly. They will keep spamming and spamming and spamming. I have no doubt were I to actually register an account, they would continue to spam me with “account notifications” that I was unable to opt-out of because they are transactional, membership messages.

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Updates to commercial MTAs

Last week Message Systems announced the release of Momentum 4. This high volume MTA has a large number of features that make it possible for large volume senders to manage their email and their delivery. I had the opportunity to get a preview of the new features and was quite impressed with the expanded features. Improvements that caught my eye include:

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Have fun storming the CASL!

I’ve given Humble Bundle my (tagged) email address a bunch of times – as part of purchases, as my username on their website, to download games and books I’ve bought.
And, naturally, they’ve sent me newsletters announcing when they have new sales. Did I check a checkbox or uncheck a checkbox? I don’t remember, and don’t really care. It’s a company I have a real relationship with and have purchased from, they’re sending content I want to see, and I trust them not to misuse my address and to honour an unsubscription request.
So … probably opt-in, and I’m fairly sure they’ve confirmed that it’s my email address. But did they explicitly tell me they’d use my email address for a newsletter? I and my email archive don’t remember that far back, and it’s quite possible that Humble Bundle’s current staff and records don’t either.
In todays newsletter, right above their talking about their summer sales, they had this:
 
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They’re confirming that I want to keep getting newsletters, and stressing why I want to keep getting them. Their database probably dates back to the iron age, or at least 2010, and my clicking on the big, friendly green button both lets them know that I’m an engaged subscriber and lets them record in their database that “Yes! This subscriber has explicitly said they want our newsletters!”.
Gradually adding that information to their subscriber database will let them better make decisions in the future about what content to send, how often, whether to try and reengage with a subset of their subscribers.
Oh, and there’s CASL, of course.
If you or your recipients have a Canadian presence you have a little less than eighteen months to make sure you have documented, explicit consent from any recipients for whom you only have implicit (e.g. business relationship) consent or for whom you’ve lost the original records.

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