Following CAN SPAM isn't enough to reach the inbox

One of the top entries on the list of things deliverability folks hear all the time is, “But my mail is all CAN SPAM compliant!” The thing is… no one handling inbound mail really cares. Seriously. CAN SPAM is a law that is little more than don’t lie, don’t hide, and heed the no. Even more importantly, the law itself states that there is no obligation for ISPs to deliver CAN SPAM compliant mail.

15 U.S.C. § 7707(8)(c)
NO EFFECT ON POLICIES OF PROVIDERS OF INTERNET ACCESS SERVICE.—Nothing in this Act shall be construed to have any effect on the lawfulness or unlawfulness, under any other provision of law, of the adoption, implementation, or enforcement by a provider of Internet access service of a policy of declining to transmit, route, relay, handle, or store certain types of electronic mail messages.

Many companies do list on their postmaster pages that they expect senders to comply with the law. (AOL, Yahoo, Microsoft). But just because email complies with CAN SPAM doesn’t mean it will be accepted or delivered.
Complying with the law is the bare minimum. And the way CAN SPAM is written it’s such a low bar it may as well be lying on the ground. Everyone sending unsolicited mail should be complying with CAN SPAM. But don’t expect the compliance to win you a path to the inbox. That’s just not how it works.

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It's not fair

In the delivery space, stuff comes in cycles. We’re currently in a cycle where people are unhappy with spam filters. There are two reasons they’re unhappy: false positives and false negatives.
False positives are emails that the user doesn’t think is spam but goes into the bulk folder anyway.
Fales negatives are emails that the user does thing is spam but is delivered to the inbox.
I’ve sat on multiple calls over the course of my career, with clients and potential clients, where the question I cannot answer comes up. “Why do I still get spam?”
I have a lot of thoughts about this question and what it means for a discussion, how it should be answered and what the next steps are. But it’s important to understand that I, and most of my deliverability colleagues, hate this question. Yet we get it all the time. ISPs get it, too.
A big part of the answer is because spammers spend inordinate amounts of time and money trying to figure out how to break filters. In fact, back in 2006 the FTC fined a company almost a million dollars for using deceptive techniques to try and get into filters. One of the things this company did would be to have folks manually create emails to test filters. Once they found a piece of text that would get into the inbox, they’d spam until the filters caught up. Then, they’d start testing content again to see what would get past the filters. Repeat.
This wasn’t some fly by night company. They had beautiful offices in San Francisco with conference rooms overlooking Treasure Island. They were profitable. They were spammers. Of course, not long after the FTC fined them, they filed bankruptcy and disappeared.
Other spammers create and cultivate vast networks of IP addresses and domains to be used in snowshoeing operations. Still other spammers create criminal acts to hijack reputation of legitimate senders to make it to the inbox.
Why do you still get spam? That’s a bit like asking why people speed or run red lights. You still get spam because spammers invest a lot of money and time into sending you spam. They’re OK with only a small percentage of emails getting through filters, they’ll just make it up in volume.
Spam still exists because spammers still exist.
 

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Oh, Microsoft

Things have been a little unsettled at Microsoft webmail properties over the last few months. A number of ESPs reported significantly increased deferrals from Microsoft properties starting sometime late in November. Others saw reduced open rates across their customer base starting in late October. More recently, people are noticing higher complaint rates as well as an increase in mail being dropped on the floor. Additionally, Return Path announced certification changes at the end of November lowering the Microsoft overall complaint rate to 0.2%, half of what is was previously.

Overall, sending mail to Microsoft is a challenge lately. This is all correlated with visible changes which may seem unrelated to deliverability, but actually are. What are the changes we know about?

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That's not how you do it…

Got an email this morning from a company advertising their newest webinar “The Two Pillars of Effective Large-Scale Email: Security and Deliverability.” The message came to a tagged address, so clearly I’d given them one at some point. But I didn’t recognize the name or company or anything. I did a search to seen when I may have interacted with this company in the past.

Looking through my old emails, it appears I contacted this company through their support form back in 2007. They were blocking a client’s newsletter. This is what I sent:

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