Dealing with blocklists, deliverability and abuse people

There are a lot of things all of us in the deliverability, abuse and blocklist space have heard, over and over and over again. They’re so common they’re running jokes in the industry. These phrases are used by spammers, but a lot of non-spammers seem to use them as well.
The most famous is probably “I’m sure they’ll unblock me if I can just explain my business model.” Trust me, the folks blocking your mail don’t want to hear about your business model. They just want you to stop doing whatever it is you’re doing. In fact, I’m one of the few people in the space who actually wants to hear about your business model – so I can help you reach your goals without doing things that get you blocked.
A few months ago, after getting off yet another phone call where I talked clients down from explaining their business model to Spamhaus, I put together list of phrases that senders really shouldn’t use when talking to their ESP, a blocklist provider or an abuse desk. I posted it to a closed list and one of the participants put it together into a bingo card.
bingo__email__save_1
A lot of these statements are valid marketing and business statements. But the folks responsible for blocking mail don’t really care. They just want their users to be happy with the mail they receive.

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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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Spammers are funny

Dear Spammer,
If you are going to send me an email that claims it complies with the Federal CAN SPAM act of 2003, it would be helpful if the mail actually complies with CAN SPAM.
In this case, however, you are sending to an address you’ve harvested off my website. The mail you are sending does not contain a physical postal email address. You’re also forging headers. Both of those things are violations of CAN SPAM. Given you have also harvested the laura-questions@ email from this website, that is treble damages.
Oh, and while we’re at it, you might want to consider your current disclaimer.

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Spamming ESPs: the followup

Campaign Monitor contacted me about yesterday’s post. The phrasing I picked out of the spammers AUP matched their AUP quite closely. In fact, if you plug the AUP into Google, Campaign Monitor comes up as one of the first hits.
It was not Campaign Monitor I was talking about. In fact, the ESP I received the mail from is not on the first 8 pages of Google hits for the phrases I posted.
A similar thing happened when I posted about Dell spamming me. Dell has multiple ESPs, and one of their ESPs contacted me directly in case they were the ones Dell was spamming through. It was no surprise to me that they weren’t the ESP involved.
This is what good ESPs do. Good ESPs monitor their reputation and monitor what people are saying about them. Good ESPs notice when people claim they’re being spammed and effectively reach out to the complainers so they can investigate the claim.
Good ESPs don’t just rely on the complaint numbers to take action. They keep an eye out on social networks to see who might be receiving mail they never asked for.

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