It's the recipients

Most delivery problems to US ISPs boil down to sending mail to people who don’t want it or expect it. Sure, we do technical audits and find issues with how companies are sending mail. But all the technical correctness in the world isn’t going to make up for sending mail users complain about or don’t interact with.
Recently we were working with a client who was having some delivery problems for one mail stream. As we dug down into the issue, we discovered a couple things about the mail stream.

  1. Addresses were collected by 3rd parties.
  2. The client sent a welcome series to the recipients.
  3. More than half of the messages to this list never made it to the inbox.
  4. Recipients were also invited to join a second list, with similar content.
  5. Almost all the messages on the second list made it to the inbox.

Given the content and sending setups were nearly identical we can say that the filtering was not about the content. Yes, they were using different IPs and different domain names, but everything else except the recipient population was the same.
Filtering is recipient driven. When you mail to recipients that want your mail, then delivery is generally good. When you mail recipients who don’t care about your mail, then delivery is generally poor.

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The legitimate email marketer

I cannot tell you how many times over the last 10 years I’ve been talking to someone with a problem and had them tell me “but I’m a legitimate email marketer.” Most of them have at least one serious problem, from upstreams that are ready to terminate them for spamming through widespread blocking. In fact, the practices of most companies who proclaim “we’re legitimate email marketers” are so bad that the phrase has entered the lexicon as a sign that the company is attempting to surf the gray area between commercial email and spam as close to the spam side of that territory as possible.
What do I mean by that? I mean that the address collection practices and the mailing processes used by self-proclaimed legitimate email marketers are sloppy. They don’t really care about individual recipients, they just care about the numbers. They buy addresses, they use affiliates, they dip whole limbs in the co-reg pool; all told their subscription practices are very sloppy. Because they didn’t scrape or harvest the email address, they feel justified in claiming the recipient asked for it and that they are legitimate.
They don’t really care that they’re mailing people who don’t want their mail and really never asked to receive it. What kinds of practices am I talking about?
Buying co-reg lists. “But the customer signed up, made a purchase, took an online quiz and the privacy policy says their address can be shared.” The recipient doesn’t care that they agreed to have their email address handed out to all and sundry, they don’t want that mail.
Arguing with subscribers. “But all those people who labeled my mail as spam actually subscribed!!!” Any time a mailer has to argue with a subscriber about the validity of the subscription, there is a problem with the subscription process. If the sender and the receiver disagree on whether there was really an opt-in, the senders are rarely given the benefit of the doubt.
Using affiliates to hide their involvement in spam. A number of companies use advertising agencies that outsource acquisition mailings that end up being sent by spammers. These acquisition mailings are sent by the same spammers sending enlargement spam. The advertiser gets all the benefits of spam without any of the consequences.
Knowing that their signup forms are abused but failing to stop the abuse. A few years back I was talking with a large political mailer. They were insisting they were legitimate email marketers but were finding a lot of mail blocked. I mentioned that they were a large target for people forging addresses in their signup form. I explained that mailing people who never asked for mail was probably the source of their delivery problems. They admitted they were probably mailing people who never signed up, but weren’t going to do anything about it as it was good for their bottom line to have so many subscribers.
Self described legitimate email marketers do the bare minimum possible to meet standards. They talk the talk to convince their customers they’re legitimate:

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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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Opting customers in to new programs

Recently, I started getting “1 sale a day!” emails from buy.com. I’ve made purchases from Buy in the past and generally have been content to get emails from them. They’re not always relevant, but hey, it’s relatively non-intrustive marketing.
When they started this new program, they just started mailing: no warning, no introduction, nothing. So I decided to opt out of this mail.
Buy.com has a preference center, and while I was there, I opted out of all email marketing. Why? Because a company that is going to randomly add me to new (daily!) marketing lists is a company I don’t trust any more.
A lot of folks have complained about Amazon doing the same thing. Amazon started a daily deals program and opted in a lot of people without warning, without introduction and without permission.
I get why companies do this. It’s a lot easier to ask for forgiveness than permission. It lets them sell things to people who might never opt-in to that program. And in many areas of direct marketing, consumers have no rights to make the marketing stop. They have no tools to make the marketing stop.
Email is different from many direct marketing channels, though. Many consumers have the tools to make mail stop (filters, this is spam buttons, changing their email address completely) and they do take advantage of them.
Given a marketers job is to extract as much revenue from customers as possible, they can’t respect recipients. They have to treat them as money dispensing machines. But at least in email recipients have some ability to opt-out of the transactions.

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