Recipients need to be able to unsubscribe

The The Canadian Radio-television and Telecommunications Commission (CRTC) announced today that Plentyoffish Media paid a $48,000 fine for CASL violations. According to the  CRTC news release, Plentyoffish Media was failing to allow consumers to unsubscribe from mail in compliance with CASL.
CASL requires that any commercial electronic email message contain an easy and free unsubscribe mechanism. Plentyoffish sent mail to its members without an unsubscribe mechanism. According to their webpage (HT: Sanket) there were some messages that users were unable to opt-out of without closing their account.

You can stop message notifications (sent out when you get a message) in Mail Settings. Unfortunately you cannot stop the “latest match” emails – if these are a problem we’ll delete your account upon request. PoF FAQ.

There are a couple of takeaways here.
The first is that, again, the CRTC did not impose the highest fine possible. When the law came into effect, there were some concerns that the CRTC would be driving companies out of business by imposing maximum fines for CASL violations. While we only have two enforcement actions, neither of them involved the maximum fine, even when there was a blatant violation of the law. This isn’t a law being enforced in a way that is going to destroy email marketing a we know it. Instead, the law is being used to protect consumer interests.
The other is more a more general point. Some senders don’t want to provide opt-outs for customers. This sounds great for the sender. But failing to offer an unsubscribe link from mail can result in delivery problems. The free webmail providers and many of the cable companies track “this is spam” hits and automatically direct future mail from that sender to the recipient’s bulk folder. Recipients can also create filters and totally block mail from senders.
When senders control the opt-out, rather than relying on FBLs and complaints, it gives them more control over their mail stream. They can attempt to re-engage users through non-email channels and recapture that subscriber at a later date. When the mail is going to the bulk folder based on user filters, the user has to actively change the filter to start receiving the mail again.
Overall, letting recipients unsubscribe, even from mail senders don’t think they should unsubscribe from is a net benefit to senders. In the case of Plentyoffish Media, it would have saved them nearly 50,000 dollars.

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Unsubscribing is hard

A comment came through on my post about unsubscribing that helpfully told me that the problem was I didn’t unsubscribe correctly.
As you know, there are usually two unsubscribe options in many of the bulk senders emails. Are you unsubscribing from the global or the offer unsub? Unless you are unsubscribing from both, you will still be on the lists.
To address the underlying question, I did unsubscribe from both links for those very few mails in my mailbox that had double unsubscribe links. I know that some spammers use multiple unsubscribe links in their emails. We routinely recommend clients not use 3rd party mailers with double unsubscribes because it’s a clear sign the 3rd party mailer is a spammer.
Given the presence of double unsubscribes I generally assume the point is to confuse recipients. By having multiple unsubscribe links the spammers can ignore unsubscribe requests with the excuse that “you unsubscribed from the wrong link.” Plausible deniability at its finest. The best part for the spammer is that it doesn’t matter which unsubscribe link the recipient picks, it will always be the Wrong One.
I’ve been dealing with spam since the late 90s, and have been professionally consulting on delivery for over 14 years. If I can’t figure out what link to use to unsubscribe, how is anyone supposed to figure out how to make mail stop?
In some cases, the unsubscribe links admitted that the address I was trying to unsubscribe was already removed from the list. They helpfully refused to let me unsubscribe again through their form. But they offered a second way to unsubscribe.
UnsubThumb
The address I was unsubscribing was the same one I was unsubscribing. Some of the emails even helpfully told me “this email was sent to trapaddress@” which is the address in the above screenshot.
I’m sure my friend will come back and comment with “why didn’t you unsubscribe by forwarding the email?” Because I was spending enough time unsubscribing as it was, and I didn’t want to have to try and navigate yet another unsubscribe process. I knew they weren’t going to stop mailing me, no matter what hoops I jumped through.
I’m not saying that all unsubscribe processes are broken, there are millions and millions of emails sent every day with simple and effective unsubscribe links. What I am saying is that there is a lot of mail getting to inboxes that users never requested nor wanted. “Just unsubscribing” from this mail Does Not Work. It just keeps coming and coming and coming.
But of course, the mail still coming is my fault, as I was unable to correctly unsubscribe. 53635233

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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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CASL is more privacy law than anti-spam law

Michael Geist, a law professor in Canada, writes about the new CASL law, why it’s necessary and why it’s more about privacy and consumer protection than just about spam.

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