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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Some email related news

A couple links to relevant things that are happening in email.
M3AAWG released the Help! I’m on a Blocklist! (PDF link) doc this week. This is the result of 4 years worth of work by a whole lot of people at M3AAWG. I was a part of the working group (“doc champion” in M3AAWG parlance) and want to thank everyone who was involved and contributed to the process. I am very excited this was approved and published so people can take advantage of the collective wisdom of M3AAWG participants.
In other announcements, Gmail announced today on their Google+ page that that they were putting a new “unsubscribe” link next to the sender name when mail is delivered to the Promotions, Social or Forums tab. This appears to be the official announcement of the functionality they announced at the SF M3AAWG last February. It likely means that all users are currently getting the “unsubscribe” link. What Gmail doesn’t mention in that blog post is that this functionality uses the “List-Unsubscribe” header, not the link in the email, but I don’t think anyone except bulk mailers really care about how it’s being done, just that it is.
Also today Gmail announced they were going to recognize usernames with non-Latin or accented characters in the name. Eventually, they claim, they’ll also allow people to get Gmail addresses with accented characters.

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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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