ESPs and consolidation

Earlier this week Bloomberg news reported that an anonymous source  told them Verizon was looking to acquire or investigate a partnership with AOL. It didn’t take long for the Verizon CEO to quash the acquisition rumors. Acquisitions and partnerships have always been around in technology, this is nothing new. But it made me think a little bit about the acquisitions and mergers in the ESP space.
The last 2 years have seen unexpected purchases of ESPs. Oracle bought Eloqua. Deluxe acquired Vertical Response. IBM has acquired a number of players in the email space, including parts of mail.com, SilverPop and Pivotal Veracity. eBay acquired e-Dialog. Salesforce acquired ExactTarget. Big companies seem to use the acquisition process to acquire the technology needed to send mail to and on behalf of their customers.
I’ve heard some people claim this is the beginning of the end of the stand alone ESP. I disagree. I think there is enough market demand to support stand alone ESPs. But the market is crowded and there are a lot of ESPs out there. There will be some consolidation. Some ESPs will be bought, either for their technology or their staff. Some ESPs will change and add more features. Some big companies will decide to install big appliances to run their own marketing in house.
Things will change but that’s what happen as a market matures. And the ESP market is maturing.
Who do you think will be bought next?

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Who pays for spam?

A couple weeks ago, I published a blog post about monetizing the complaint stream. The premise was that ESPs could offer lower base rates for sending if the customer agreed to pay per complaint. The idea came to me while talking with a deliverability expert at a major ESP. One of their potential customer wanted the ESP to allow them to mail purchased lists. The customer even offered to indemnify the ESP and assume all legal risk for mailing purchased lists.
While on the surface this may seem like a generous offer, there aren’t many legal liabilities associated with sending email. Follow a few basic rules that most of us learn in Kindergarten (say your name, stop poking when asked, don’t lie) and there’s no chance you’ll be legally liable for your actions.
Legal liability is not really the concern for most ESPs. The bigger issues for ESPs including overall sending reputation and cost associated with resolving a block. The idea behind monetizing the complaint stream was making the customer bear some of the risk for bad sends. ESP customers do a lot of bad things, up to and including spamming, without having any financial consequences for the behavior. By sharing  in the non-legal consequences of spamming, the customer may feel some of the effect of their bad decisions.
Right now, ESPs really protect customers from consequences. The ESP pays for the compliance team. The ESP handles negotiations with ISPs and filtering companies. The cost of this is partially built into the sending pricing, but if there is a big problem, the ESP ends up shouldering the bulk of the resolution costs. In some cases, the ESP even loses revenue as they disconnect the sender.
ESPs hide the cost of bad decisions from customers and do not incentivize customers to make good decisions. Maybe if they started making customers shoulder some of the financial liability for spamming there’d be less spamming.

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