Consent must be informed

In the deliverability space we talk about permission and consent a lot. All too often, though, consent is taken not given. Marketers and senders assume they have permission to send email, while the recipient is left expecting no email.

There are different ways that companies assume permission. A favorite is to hide the permission deep in the terms and conditions or in the privacy policy. This is problematic on a number of different levels. In some cases, the privacy policy and the terms and conditions policies contradict each other. One will say they can send email, the other says they won’t.

Other forms of taking permission include scanning badges at conferences and uploading address books to bulk sending programs. Neither of these things are actually permission. Just because someone corresponds with an employee does not mean they are giving permission to be added to mailing lists.

Modern laws are attempting to address this. Both CASL and GDPR make it clear that senders can’t simply assume they have permission to send mail. Permission must be explicitly granted and the terms of the permission must be clear. The new California privacy laws are also trying to make consent explicit.

Overall, laws requiring explicit permission are a direct result of too many marketers and senders assuming consent. The regulations weren’t created out of nothing, they’re a response to ongoing abuses by the marketing industry. The marketing industry had the ability to head this off by acting reasonably, but self regulation wasn’t on the table.

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Implied permission

Codified into law in CASL, implied permission describes the situation where a company can legally mail someone. The law includes caveats and restrictions about when this is a legitimate assumption on the part of the company. It is, in fact, a kludge. There isn’t such a thing as implied permission. Someone either gives you permission to send them email or they don’t.
We use the term implied permission to describe a situation where the recipient didn’t actually ask for the mail, but isn’t that bothered about receiving it. The mail is there. If it has a particularly good deal the recipient might buy something. The flip side of not being bothered about receiving mail, is not being bothered about not receiving mail. If it’s not there, eh,  no biggie.

Implied permission isn’t real permission, no matter what the law says.
Now, many deliverability folks, including myself, understand that there are recipients who don’t mind getting mail from vendors. We know this is a valid and effective way of marketing. Implied permission is a thing and doesn’t always hurt delivery.
However, that does not mean that implied permission is identical to explicit permission. It’s one of the things I think CASL gets very right. Implied permission has a shelf life and expires. Explicit permission doesn’t have a shelf life.
Implied permission is real, but not a guarantee that the recipient really wants a particular email from a sender, even if they want other emails from that sender.

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It's still spam

Companies are always trying to find new ways to use and abuse email. My mailbox has been rife with mail from companies trying to sell me stuff for my business. It’s been interesting to watch the new ways they’re trying to get attention, while not honoring the most important rule of email marketing.
EmalMarketingForBlog

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Delete or read?

This week I attended a Data Visualization workshop presented by the Advanced Media Center at UC Berkeley. Every year I set at least one professional development goal; this year it’s learning how to better communicate visually.

Part of the class included other resources, which led me to Nathan Yau’s website. One of the articles on the front page of his site is titled “Email Deletion Flow Chart.” Well, of course I had to read the post.

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