Opting out of “service” messages

A frequent question in a number of deliverability spaces is how to tell if a message is transactional or marketing. In most cases the decision is related to whether or not to respect an unsubscribe request. All too often companies decide that their messages are too important to allow someone to opt-out of. The problem is, in some cases, there is no longer a customer relationship to send notices about.

Picture of a stream in Dublin, Ireland

This came up because it’s been just about a year now since I unsubscribed from most of my US based commercial lists. (Yes, we’ve been in Dublin more than a year now!). Because it’s been a year I’m getting a lot of “transactional” messages. Many of them are reminding me to log into my account to see my current rewards level. Others are offering me coupons if I come back.

These aren’t transactional messages, they have nothing to do with any transactions I’ve made. They’re spam, plain and simple. They violate CAN SPAM, as I have opted out from mail from those companies. I’ve not made any purchases from those companies in more than a year.

But, I’ve seen first hand how marketing departments justify emails like this as ‘transactional.’ This is also the time where they start talking about the 80/20 rule that some spammer made up to justify calling their marketing mail spam. Then they don’t let you actually opt-out of this message because they’re “account messages.”

I can’t actually affect delivery of this kind of mail as I’m not at one of the commercial providers. But, if I were, you can bet I’d be reporting each and every one of these messages as spam. Even if it only taught the provider to put this mail in my spam folder, it’s still better than getting mail that I have asked to no longer receive but am still receiving.

Seriously, marketers, at some point you’re going to have to stop biting the apple. When recipients tell you to stop mailing them, take that as an instruction that you should stop mailing them. Continuing to mail people who’ve opted out only injures your reputation and your overall delivery.

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Outreach or spam?

This showed up in my mailbox earlier today:
Pluckyou
The tweet in question
pluckyou2
From Crunchbase: “Pluck is an email prospecting tool that gives you the email addresses of the people tweeting about subjects related to your business.”
Prospecting: another name for spamming. Look, I know that you want to sell you’re newest, greatest product to the world. But just because I tweet something with a # that you think is relevant to your product doesn’t mean that I want to get your spam. I also know it’s hard to get attention and find prospects; I’m a small business owner, too and I need to market my own services. But spamming isn’t a good idea. Ever.
There’s been a significant increase in this kind of spam “to help your business” lately. It’s a rare day I don’t get something from some company I’ve never heard of trying to sell me their newest product. It might be something if they tried a contact or two and then went away. But they’ll send mail for weeks or months without getting an answer. Look, silence IS an answer and it means you need to go away and leave your prospects alone.
Unfortunately, there are services out there that sell a product that let you “automatically follow up” with your prospects. Pluck up there uses one of them, as that’s who’s handling all the links in the message. In fact, if you go to the bare domain (qcml.io) they talk a good anti-spam game. “Die, spammers, die.” I reported the message to them. I’m not expecting them to actually do anything, and I’m not expecting a response.
It’s just spam under another name. There’s no pretense that it’s anything else. Even if it’s sent in a way that makes it look like a real person typed the message, like QuickMail offers. “All emails will come straight out of your personal inbox as though you typed them yourself.” As if you typed them yourself.
The worst part is there’s no real way to stop the mail. I can’t unsubscribe. The companies selling the software don’t provide any guidance to their customers about what the law requires. Take the message from Pluck that started the post. It violates CAN SPAM in multiple ways. Moreover, the address they used is not publicly associated with my twitter handle, which means they’re doing some harvesting somewhere. That means treble penalties under CAN SPAM.
I could reply and ask them to stop mailing me. I’ve done that a couple times with a message that says, “Please don’t email me any more.” I’ve got to tell you, some people get really mad when you ask them not to email you. Some just say yes, but others are really offended that you asked them to stop and get abusive. It’s gotten to the point where I don’t ask any more because of that one person who decides to harass, threaten and scream at me. Sure, it’s maybe 1 in 5, but I don’t have the time or energy to figure out who is going to be receptive and who isn’t. I don’t have time for that. No one has time for that.
I’m expecting that filters are going to catch up eventually and these types of mail will be easier to filter out. Until then, though, small business owners like myself are stuck in a place where we have to deal with spam distracting us from our business. At least I get blog content out of it.
 
 
 

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Transactional mail can be spam

Marketers have a thing about transactional mail. In the US, transactional mail is exempt from many of the CAN SPAM regulations. If they label a mail transactional, then they can send it even when the recipient has opted-out! The smart marketer looks for opportunities to send transactional mail so they can bother spam get their brand in front of people who’ve opted out.

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Unsubscribe means unsubscribe

But, unfortunately, some senders don’t actually think unsubscribe means stop sending mail.
Today, for instance, the nice folks at The Container Store sent me an email with an “important update to my POP! account”

Yes, that’s an address I gave them. But I don’t have any record of setting up an account. I was on their mailing list for all of 4 emails back in November 2016 before unsubscribing. But, they’ve decided they can email me despite my unsubscribe request.
They’ve cloaked this as an “Important Account Update” about some account I don’t have. In fact, when I go to their website and try and see what this oh so important account is about they tell me:


I understand legitimate account notifications might be an acceptable excuse to send mail even after the recipient opted out. This, however, was done extremely poorly. There is no record of the account that they are sending me information about. Neither the company nor I have any record of this account of mine.
At a minimum the emails should have only be sent to the folks that actually had an account. But, they weren’t.
I also have some issues with a company requiring recipients to accept email in order to continue using reward points. As a recipient, if I wanted what they were offering I might go ahead and continue receiving emails. But, I might not. It would all depend on how aggressive their email program is and how good the rewards are. As a deliverability consultant, this strikes me as a great way to create a mailing list full of unengaged users. Unengaged users lead to spam foldering and eventual failure of an email marketing program.
Whatever some executives think, and having been in this industry for a decade and I half I’m sure this is coming from the top down, this is not a good way to build an email program. You really can’t force folks to accept your email. ISPs are too protective of their users to make that a viable strategy.

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